An externment order that has been quashed cannot form the basis for any legal restriction or prosecution.

Petitioner is the accused in C.C.No.1173/2023 on the files of the Judicial First Class Magistrate Court-III, Perumbavoor, which arises out of Crime No.207/2023 of Kodanad Police Station.

2. The prosecution has been initiated alleging that the petitioner had, in violation of an externment order dated 27.01.2023 issued under the Kerala Anti-Social Activities (Prevention) Act, 2007 , entered into his house at Koovappady village on 26.05.2023, and committed the offence under Section 15 (4) of the Kerala Anti-Social Activities (Prevention) Act.

3. I have heard Sri. Ajeesh M Ummer, the learned counsel for the petitioner and Sri. Ashi.M.C, the learned Public Prosecutor. 4. It is not disputed that the order of externment dated 27.01.2023 issued against the petitioner was quashed by this Court as per Annexure-3 order dated 04.07.2023. Once an order of externment has been quashed, the said order cannot be said to have been legally in existence. Reference in this context can be made to the decision in Nawabkhan Abbaskhan v. State of Gujarat [(1947) 2 SCC 121].

5. Since the order of externment issued against the petitioner has been quashed, no restriction can flow out of the order of externment.

Therefore, the allegation that petitioner had violated the externment order and entered into the restricted areas cannot have any legal backing.

6. Hence, I am satisfied that the proceedings against the petitioner in C.C.No.1173/2023 on the files of the Judicial First Class Magistrate Court-III, Perumbavoor, is an abuse of the process of the court.

7. Accordingly, all proceedings against the petitioner in C.C.No.1173/2023 on the files of the Judicial First Class Magistrate Court-III, Perumbavoor, arising out of Crime No.207/2023 of Kodanadu Police Station, is hereby quashed.

Criminal miscellaneous case is allowed as above.