Provisions of Section 51-A when can be invoked.

Petitioner Rajakumar Bhagwatsaran has filed this writ petition: under Article 226 of the Constitution praying for the issue of a writ of Certiorari quashing the notice issued to him by the Deputy Commissioner of Police Crimes Madras City, dated 3rd August, 1964 under section 51-A of the Madras City Police Act. The notice is in the following terms:

" Whereas information containing the allegations set out below for taking action under section 51-A, Madras City Police Act, has been laid before me by Sri Siva sankaran, Detective Sub-Inspector of Police, Royapuram, P.S. Madras City in exercise of the powers conferred on me under section 51-A, City Police Act, 1888, I Sri S. Palaniappan, Deputy Commissioner of Police (Crimes), Madras City, call upon you to show cause within seven days from the date of receipt of this notice, as to why you should not be directed to remove yourself out of Madras City or why you should not be directed to conduct yourself in the manner as may be necessary to prevent causing any alarm, danger, harm to persons or property or commission of any offences, and that, in order to give an opportunity of tendering your explanation regarding the allegations, I have appointed 11 hours on the eighth day following your receipt of this notice, at the office of the Commissioner of Police Madras, to receive your explanation and to hear you or your Advocate and to peruse your written representation if any, and to hear your witnesses if any, in regard to the said allegations, failing which it will be construed that you have no explanation to offer and orders will be passed on the date specified for receiving your explanation. Take note.

Allegations.-You were not born in Madras City or Chingleput District or North Arcot District. On 3rd July,1963 you were arrested in X. Cr. No. 266 of 1963 under section 55 Criminal Procedure Code and investigation disclosed that 8 months prior to 18th October, 1963 at Petty Munuswamy Chetty Street, you falsely represented to Sri W. R. Kadirvelu Mudaliar, S.H.P.M., Madras that you were an Advocate running a journal called "Who is Who" and that you would publish about the City S.H.P.Ms. and induced the witness to part with his photo and a sum of Re. 1 and thus cheated him.

Similarly about 8 months prior to 29th October, 1963 you cheated one Sri "Ramachandra Mudaliar S.H.P.M. at No. 10, Flowers Road, Kilpauk by falsely representing to him that you were an Advocate running a journal called "Who is Who" and that you would " publish about the City S.H.P.Ms. and induced the witness to part with his photo and a sum of Rs. 5 and thus cheated him.

Similarly on 27th February, 1963 you cheated one Sri K. V. Ganapathy Iyer at No. 21, 2nd Cross Street, Kodambakkam by falsely representing to him that you were an Advocate holding B.A.B.L., Degree, journalist running a magazine called " Who is Who " and that you were the author of the film review in the Film Magazine. You also wanted to make a publication about the City S.H.P. Ms. and induced the witness to part with his photo and a sum of Rs. 5 and thus cheated him. Hence you were charged and convicted in H-3, Tondiarpet P.S. Cr.No. 1293 of 1963 section 420 Indian Penal Code to one year R.I. by the II Presidency Magistrate, George Town, Madras in C.C. No. 15606 of 1963, dated 31st March, 1964. Thus you have proved yourself addicted to commission of offence punishable under Chapter XVII of the Indian Penal Code. Your presence and stay in Madras City is a menance to the society."

The Petitioner urges that the three allegations involving offences of cheating mentioned in the above notice were the subject-matter of a Criminal Prosecution against him in C. C. No. 15606 of 1963 on the file of the Second Presidency Magistrate, George Town, Madras, in which he was convicted. He filed an Appeal before this Court, and the appeal was pending when the aforesaid notice was issued. He has alleged that the notice dealt with a matter which was pending consideration by