IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (Cr) No. 745 of 2025 -----

Amit Sharma @ Titu Sharma, S/o Late Ramjap Sharma @ Ramjai Sharma, R/o Golpahari Khasmahal, P.O. & P.S.-Parsudih, Town-Jamshedpur, Dist.-East Singhbhum … …. Petitioner Versus

1. The State of Jharkhand through Under Secretary, Department of Home, Government of Jharkhand, having its office at Project Building, P.O. & P.S.-Dhurwa, Dist.-Ranchi

2. The District Magistrate-cum-Deputy Commissioner, East Singhbhum, P.O. & P.S.-Bistupur, Town-Jamshedpur, Dist.-East Singhbhum

3. The Senior Superintendent of Police, East Singhbhum, P.O.& P.S.-Sakchi, Town-Jamshedpur, Dist.-East Singhbhum

4. The Deputy Superintendent of Police, P.O. & P.S.-Sakchi, Town, Jamshedpur, Dist.-East Singhbhum … …. Respondents -----

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY -----

For the Petitioner : Mr. Pran Pranay, Advocate For the Respondent-State : Mr. Deepankar, AC to GA-III -----

Oral Order

04 / Dated : 16. 02.2026

1. Instant writ petition has been filed for setting aside the order dated

26.07.2025 communicated through Memo No. 453(A) in CCA Case No. 33 of 2023-24 under Section 3(3)(A) of Jharkhand Control of Crimes Act, 2002 and subsequent orders dated 26.07.2025, 25.10.2025 and 22.01.2026 by which the petitioner has been externed for entering within the jurisdiction of Jamshedpur which was originally ordered from 02.08.2025 to 01.11.2025 and by the last order now it has been extended up-to 01.05.2026.

2. As per the externment order, the petitioner was an accused in the following cases:

i. Parsudih P.S. Case No. 116 of 2007 under Sections 448, 324, 307, 504/34 of IPC and Section 27 of Arms Act IPC and Section 27 of Arms Act of IPC and Section 27 of Arms Act

3. Apart from these cases, station diary entries have been made with respect to the following cases with active complicity of the petitioner:

a. Parsudih SD Entry No. 37/2023 b. Parsudih SD Entry No. 50/2023 c. Parsudih SD Entry No. 34/2023 d. Bagbera SD Entry No. 14/2023 e. Jugsalai SD Entry No. 15/2023 All the station diary entries pertain to extortionist demands made by the petitioner from the business men, builders and other persons

4. It is submitted by learned counsel for the petitioner that out of six police cases cited above, the petitioner has been acquitted of the charges after trial and is on bail in Parsudih P.S. Case No. 17 of 2023.

5. It is further submitted that the petitioner cannot be termed as a habitual offender in terms of Section 2(d) of Jharkhand Control of Crimes Act, 2002. There is no live link between the activities of the petitioner and public threat. So far as the station diary entries are concerned, it is contended that unless a Sanha is converted into a cognizable offence, the same cannot be the basis of externment by relying on the ratio laid down by this Court in 2025 (2) JBCJ 46 (HC).

6. Learned counsel for the State has defended the impugned order and submitted that the object of Jharkhand Control of Crimes Act is preventive in nature, to maintain public order and social freedom. The petitioner has a past history of being involved in extortionist activity and presently the petitioner is an active member involved in making extortionist demands regarding which different cases have been lodged. Because of his clout, the witnesses are not coming forward to testify against him resulting in acquittal in some of the cases.

7. Further, it has been pleaded that against an order of externment, there is a provision for appeal under Section 6 of the Jharkhand Control of Crimes Act, 2002 and without availing the statutory remedy, the extra ordinary writ jurisdiction of this Court has been availed.

8. Having considered the submissions advanced on behalf of both sides, indisputably, the petitioner has a track record of being involved in extortionist cases that took place in the district of Jamshedpur, which is one of the industrial hubs of the State and for this reason he has been externed from district of East Singhbhum, he