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1 - 10 of 11 (0.20 seconds)The Indian Penal Code, 1860
Section 6 in The Protection Of Civil Rights Act, 1955 [Entire Act]
Section 5 in The Protection Of Civil Rights Act, 1955 [Entire Act]
The Protection Of Civil Rights Act, 1955
Section 379 in The Indian Penal Code, 1860 [Entire Act]
Section 447 in The Indian Penal Code, 1860 [Entire Act]
M/S Ashok Kumar Mani Bhai Patel vs The State Of Madhya Pradesh Judgement ... on 10 December, 2013
8: From the proceedings, it is also not clear whether
there was any apprehension that the petitioner would
continue to commit the offence if he is not removed from
the area. For the satisfaction of the District Magistrate,
which according to law is required to be recorded before
passing any such order of removal under Section 5 of the
Act, the enquiry is required to be conducted. A Division
Bench of this Court while dealing with in such aspect in the
case of Ashok Kumar Patel Vs. State of M.P. and
others [2009(4) MPLJ 434] has categorically held that it
is not mere a formality to record the satisfaction, but it is a
requirement of law and mere involvement of such a person
in the past in any such type of offence would not make out
a case for his removal from the area. The findings recorded
by the Division Bench in this respect in paragraphs 8 and 9
would be relevant which read thus :-
Section 107 in The Code of Criminal Procedure, 1973 [Entire Act]
Chander Kala vs Ram Kishan And Anr. on 1 May, 1985
9: On earlier occasion also, this Court while dealing in a
case of externment ordered in such circumstances has
categorically held that there are certain condition
precedent to initiate any action under Section 6 of the Act
as has been held in the case of Kala Vs. State of M.P.
and another [2004(4) MPLJ 234]. In light of these
pronouncement if it is examined whether there was
sufficient material to hold that the petitioner was involved
in such activities, it would be clear from the fact that
gambling act though alleged against the petitioner in some
of the cases, but except for the year 2003, the said act was
repeated only in the year 2008, and there was no recent
past involvement of the petitioner in the said case. As
against these matters, in some of the cases, there was no
involvement of the petitioner and this fact has not been
verified by the District Magistrate Damoh, yet keeping in
mind the said offences registered against the petitioner,
order of externment was passed.