IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA

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ON THE 14 OF JANUARY, 2026 WRIT PETITION No. 49609 of 2025 AMIT @ GOLU JAIN Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Ms. Anchan Pandey - Advocate for the petitioner.

Shri Suyash Thakur - Government Advocate for the respondents/State.

ORDER The present petition has been filed challenging the externment order dated 05.09.2025 passed by the Collector District Khandwa in RCMS No.0026/Jila Badar/2025, whereby the petitioner has been externed from District Khandwa to nearby places for a period of one year.

2. It is the case of the petitioner that earlier also similar externment order was passed against the petitioner by the District Magistrate, Khandwa dated 21.02.2025 and the said order being affirmed in appeal by the Commissioner, Indore Division Indore, which was put to challenge by filing the writ petition being Writ Petition No.19018/2025 and the petition was allowed quashing both the orders on 17.07.2025. Now again on the same conditions taking note of all the previous criminal case registered against the petitioner, the externment order has been passed against the petitioner by the District Magistrate, Khandwa based upon the recommendation of the Superintendent of Police. The challenge is made on various grounds in the writ petition. The petitioner preferred an appeal before the Commissioner, Indore Division, Indore which was dismissed on 15.12.2025 without considering the grounds raised in the appeal. Counsel appearing of the petitioner has argued that the externment order passed by the District Magistrate is based upon the recommendation of the Superintendent of Police. The Superintendent of Police has taken note of all the previous cases which was registered against the petitioner. Despite of the fact that the earlier previous cases were already considered by this Court in the earlier round of litigation inWrit petition No.19018/2025 vide order dated 17.07.2025 wherein the earlier externment order dated 21.02.2025 was passed. Thereafter, there is only one case registered against the petitioner that is Crime No.281/2025 for offence under Section 223 of the Bhartiya Nyay Sanhita on 31.08.2025. Prior to forming an opinion against the petitioner, the Superintendent of Police has taken note of the fact that the petitioner was involved in various illegal and anti-social activities and there is a possibility that the petitioner may indulge in commission of another offence or abatement of any offence and is creating a situation of law and order.

3. Counsel appearing for the petitioner has relied upon the judgment passed by this Court in the cases of Deepak @ Lallu Vs. The State of M.P. and others (Writ Petition No.25822/2021) decided on 24.02.2022, Amit Tiwari Vs. State of M.P. and others (Writ Petition No.29915/2018) decided on 26.06.2019, the judgment passed by Division Bench of the Bombay High Court in the case of Aslam Vs. State of Maharashtra (Criminal Writ Petition No.857/2017) decided on 27.07.2017 as well as the judgment passed by the Hon'ble Supreme Court in the case of Deepak S/o Laxman Dongre Vs. The State of Maharashtra and others (Criminal Appeal No.139/2022) decided on 28.01.2022 and also in the case of Ashok Kumar Patel Vs. State of M.P. and others reported in 2009 (4) MPLJ 434 and Ramgopal Raghuvanshi Vs. State of M.P. and others reported in 2014 (4) MPLJ 654, Ajju @ Azam Vs. The State of Madhya Pradesh and others (Writ Appeal No.659/2023) decided on

22.05.2023. Hence, she has prayed for quashment of the exterment order.

4. Counsel appearing for the respondents/State has produced the original record before this Court pertaining to the externment proceedings. It is argued that a detailed order has been passed by the District Magistrate considering the recommendation made by the Superintendent of Police. He has drawn attention of this Court to the recommendation made by the Superintendent of Police dated 02.09.2025