Naresh @ Nirav @ Nariyo Laxmanbhai ... vs State Of Gujarat on 17 February, 2023

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Gujarat High Court

Naresh @ Nirav @ Nariyo Laxmanbhai ... vs State Of Gujarat on 17 February, 2023

Bench: A.Y. Kogje

      R/SCR.A/1378/2019                                    ORDER DATED: 17/02/2023




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION NO. 1378 of 2019
================================================================
            NARESH @ NIRAV @ NARIYO LAXMANBHAI BABARIYA
                               Versus
                    STATE OF GUJARAT & 2 other(s)
================================================================
Appearance:
MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2,3
MR. MANAN MEHTA, APP, for the Respondent(s) No. 1
===============================================================
  CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                                Date : 17/02/2023
                                 ORAL ORDER

[1] This petition under Article 226 of the Constitution of India is filed for quashing and setting aside the exterment order passed by the Assistant Commissioner of Police, "B" Division, Surat on 05.12.2018.

[2] From the record, it appears that the order of externment came to be served upon the petitioner on 05.01.2019 and thereafter, the present petition is filed and by an order dated 12.02.2019 the order of externment came to be stayed by this Court.

[3] When the matter is called out today, learned advocate for the applicant is absent.

[3] Learned Additional Public Prosecutor has drawn attention of this Court to a shocking fact that after the order of exterment being stayed by this Court on 12.02.2019, consistently the petitioner has been indulged in one offence or the other and it is reported that almost 10 offences have been registered now against the petitioner. Another aspect argued by the learned APP is that the petitioner has Page 1 of 4 Downloaded on : Tue Feb 21 20:42:30 IST 2023 R/SCR.A/1378/2019 ORDER DATED: 17/02/2023 not availed the alternative remedy.

[4] The Court has considered the pleadings on record and the submission made on behalf of the learned APP. It appear that the petitioner was issued with the show-cause notice dated 22.08.2018 under Section 59 of the Gujarat Police Act giving out details with regard to the antisocial activities in which the petitioner was involved including the statement of witnesses in support of the case against the petitioner.

[5] Pursuant to the show-cause notice, the order of externment came to be passed on 05.12.2018 under Section 56(A)(C) of the Gujarat Police Act and the petitioner was ordered to be externed for a period of two years from city Surat.

[6] The record indicates that the order dated 05.12.2018 came to be served upon the petitioner on 05.01.2019. This order came to be stayed while issuing notice by this Court on 12.02.2019. The report placed on record today by the learned APP would go on to indicate that the petitioner to be involved in the following offences, which are all registered subsequent to the order of externment and the stay granted by this Court.

Sr. Police Station, C.R.No and Sections Date No. 1 Katargam Police Station III C.R.No.76/2017. 02.02.2017 Sections 65AE, 81 and 116C of the Prohibition Act 2 Katargam Police Station I C.R.No.289/2017. Sections 26.12.2017 Sections 307, 143, 147, 148, 149 and 324 of IPC and Section 135 of GP Act 3 Katargam Police Station I C.R.No.291/2017. Sections 26.12.2017 Sections 143, 147, 323 and 427 of the IPC 4 Katargam Police Station II C.R.No.251/2019. 04.04.2019 Sections 323, 504, 506(2) and 114 of the IPC and Page 2 of 4 Downloaded on : Tue Feb 21 20:42:30 IST 2023 R/SCR.A/1378/2019 ORDER DATED: 17/02/2023 Section 135 of the GP Act 5 Katargam Police Station "A" Part 01.01.2019 C.R.No.11210021200003 of 2020 Sections 302, 307, 143, 147, 148, 149, 504 of the IPC, 135 of the GP Act and 3(ii)(v) of the Atrocities Act Sr. Police Station, C.R.No and Sections Date No. 1 Katargam Police Station C.R.No.I-112100212101159 17.01.2021 Section 142 of GP Act 2 Katargam Police Station C.R.No.I-112100211086 16.06.2021 Section 142 of GP Act 3 Katargam Police Station C.R.No.I-112100211342 14.08.2021 Section 142 of GP Act 4 Katargam Police Station C.R.No.I-112100211471 11.09.2021 Section 142 of GP Act 5 Katargam Police Station C.R.No.I-11210012211694 17.10.2021 Section 142 of GP Act 6 Katargam Police Station C.R.No.I-11210021220002 01.01.2022 Section 142 of GP Act 7 Katargam Police Station C.R.No.I-11210021220233 03.03.2022 Section 142 of GP Act 8 Katargam Police Station C.R.No.I-11210012220508 07.05.2022 Section 142 of GP Act 9 Katargam Police Station C.R.No.I-11210021220042 12.01.2022 Section 142 of GP Act [7] In the opinion of the Court, the conduct of the petitioner amounts to abusing the interim order granted by this Court and still indulging in the antisocial activities for which offences have been registered against the petitioner. It is pertinent to observe that one of the offences thus registered on 01.01.2020 is a serious offence under Section 302 and allied sections of the IPC as well as Atrocities Act.

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R/SCR.A/1378/2019 ORDER DATED: 17/02/2023 [8] Over and above, the Court is of the view that when an alternative remedy is available to the petitioner and no specific ground made out in the pleadings to bypass the alternative remedy, the Court is not inclined to entertain the petition. The petition therefore, deserves to be and the same is hereby dismissed. Interim relief stands vacated.

(A.Y. KOGJE, J) SIDDHARTH Page 4 of 4 Downloaded on : Tue Feb 21 20:42:30 IST 2023

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