The definition of 'habitual' in the Jharkhand Control of Crimes Act requires a pattern of repeated offenses, which was not established in this case.

JUDGMENT :

R. Mukhopadhyay, J.

Heard Mr. Jitendra S. Singh, learned counsel for the petitioner and Mr. Piyush Chitresh, learned A.C. to A.G.

2. In this writ application, the petitioner has prayed for setting aside the order dated 18.05.2024 passed by the Respondent No. 2 in CCA Case No. 2 of 2024 under Section 3 (a)(b)(i)(ii) of the Jharkhand Control of Crimes Act, 2002 whereby and whereunder an order of externment has been passed against the petitioner for a period of three months directing him to remove himself to outside the district and not to enter into the district till 21.8.2024 and also to furnish a bond of Rs.25,000/- with two sureties under section 7 (1)(b) of the Jharkhand Control of Crimes Act.

3. It has been submitted by Mr. Jitendra S Singh, learned counsel appearing for the petitioner, that the order impugned has not at all considered that the petitioner is not a habitual offender and therefore he cannot be termed to be an anti-social element thereby invoking Section 3 of the Jharkhand Control of Crimes Act and passing an order of externment against the petitioner. It has further been submitted that one of the reasons assigned by the respondent no. 2 in the impugned order is on account of the impending Lok Sabha Election, it was necessary to extern the petitioner on account of his anti social activities and since the Lok Sabha Elections have already been over and there being no further case instituted against the petitioner after 2018, the respondent no. 2 could not have based his findings on some Sanhas lodged against the petitioner in the year 2024. In support of his contention, learned counsel has referred to the case of Vijay Narain Singh Vs. State of Bihar reported in (1984) 3 SCC 14 and the order passed by this Court in W.P.(Cr) (DB) No.380 of 2024.

4. Mr. Piyush Chitresh, learned A.C. to A.G., has submitted that the petitioner is involved in a number of cases and is a habitual offender and therefore an anti social element and consequently the respondent no. 2 was within his rights to have passed an order of externment on 18.5.2024.

5. An averment has been made by the petitioner in reference to the cases instituted against him and which finds place in the impugned order dated 18.5.2024 that in maximum cases, the petitioner has already been acquitted. It also appears that earlier C.C.A. Case No.43/22-23 was initiated against the petitioner and a show cause was also issued to him as to why an order under section 3 (i)(a)-(3)(b)(i) of the Jharkhand Control of Crimes Act, 2002 be not made against the petitioner and on a reply being submitted by the petitioner, an order was passed on 21.6.2023 directing the petitioner to mark his attendance every Sunday before Ratu P.S. for a period of three months as also to furnish two security bonds of Rs.10,000/-each. So far as the present case is concerned, on a recommendation being made by the respondent no.3 vide Memo dated 29.3.2024 to the respondent no. 2 giving reference of 31 cases and some station diary entries (Sanhas) a request was made to pass an order of externment against the petitioner as the presence of the petitioner in the district itself was creating a threat to the public in general. A show cause notice was issued to the petitioner, which was duly replied to and subsequent thereto the impugned order dated 18.5.2024 was passed by the respondent no. 2 externing the petitioner from the district for a period of three months.

6. On a perusal of the impugned order dated 18.5.2024 there seems to be a reference made of 31 cases instituted against the petitioner which ranged from the year 2003 to the year 2018. It seems that in order to bring the petitioner within the purview of being a habitual offender thus invoking Section 3 of the Jharkhand Control of Crimes Act, 2002, reference has also been made to various station diary entries having been made in the year 2024 though it seems that two of the station diary entries appears to overlap each other. This would bring us