ORDER

1. The petitioner has filed the present petition being aggrieved by the externment order dated 28.10.2020 passed by the District Magistrate, Indore and appellate order dated 26.1.2021 passed by the Commissioner, Indore Division, Indore by which has been directed to leave the territory of District Indore and nearby districts viz. Ujjain, Dhar, Dewas, Khargone and Khandwa for the period of six months.

2. Superintendent of Police (SP) - East, District Indore vide letter dated 15.10.2020 requested the District Magistrate, Indore for initiation of proceedings u/s. 5(a) and (b) of Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 (hereinafter referred to as “the Adhiniyam, 1990”) against the petitioner. In the aforesaid letter, the SP gave the details of 7 criminal cases registered against the petitioner from the period Yr 2013 to Yr 2020 and pleaded that because of his criminal activities and nuisance in the society, witnesses are not coming forward to give evidence against him and his movement or act may cause danger or harm to the person or property.

3. Vide order dated 15.10.2020, the District Magistrate has registered the Case No.267/2020 against the petitioner. After recording the statement of Ashraf Ali Ansaari, Sub-Inspector, Police Station Lasudia, Indore, learned Magistrate has directed issuance of show cause notice to the petitioner. On 21.10.2020 the petitioner appeared through counsel and filed the detailed reply and the District Magistrate fixed the case on 22.10.2020 for arguments. The arguments were heard on 22.10.2020 and the case was closed for judgment. By recording satisfaction, the District Magistrate vide order dated 28.10.2020 has directed the petitioner to leave the territory of Indore and nearby districts viz. Ujjain, Dhar, Khargone, Dewas and Khandwa within a period of 24 hours and for the period of six months restrained him to enter the above areas without permission from the Court.

4. Being aggrieved by the aforesaid order, the petitioner preferred an appeal before the Commissioner, Indore u/s. 9 of the Adhiniyam, 1990. Vide order dated 25.1.2021, learned Commissioner has dismissed the appeal summarily and maintained the order of externment dated 28.10.2020 passed by the District Magistrate, hence the present petition before this Court.

5. I have heard the learned counsel for the parties and perused the record.

6. The details of the criminal cases registered against the petitioner from 2013 to 2020 as per the report by the Collectorate are as under :

It is clear from the aforesaid report that out of six cases, five have been disposed of by acquitting the petitioner and only one case i.e. Case No.1115/2018 is pending. The petitioner was subjected to the prohibitory proceedings seven times, the details of which are as under :

In the reply, the petitioner submitted that he was subjected to the proceedings of externment vide Case No.38/2013. At that time, only 5 criminal cases were r