2. Being aggrieved with the order dated 31.12.2018 (Annexure-P/3) passed by the respondent No.2 i.e. Commissioner, Sagar Division, Sagar, this petition has been filed seeking quashment of the same.As per the facts of the case, the Superintendent of Police, Tikamgarh, vide his memo dated 22.03.2018, recommended that the petitioner is an habitual criminal and had been involved in criminal activities since year 2004 and committing crime continuously, due to which, terror has been created among the public and nobody is coming forward to record his statement against the petitioner.Whatever restrictions had been imposed against the petitioner, no fruitful result yielded as the petitioner did not 2 W. P. No. 511/ 2019 restrain himself from getting involved in criminal activities, therefore, it is appropriate that power under Section 5 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 (hereinafter referred to as 'the Adhiniyam, 1990') be exercised and he be externed from the revenue boundaries of District-Tikamgarh and it's adjoining districts.With the consent of learned counsel for the parties, the matter is heard finally.In the said memo, the Superintendent of Police, Tikamgarh, had given details of ten cases registered against the petitioner.The Police had also imposed prohibitory measures initiating proceeding under Section 110 of the Code of Criminal Procedure, 1973, against the petitioner, but nothing positive came from the petitioner's side.Considering the recommendations made by the Superintendent of Police, the District Magistrate issued a notice under Section 8 of the Adhiniyam, 1990, explaining therein as to why power under Section 5 of the Adhiniyam, 1990, shall not be exercised against him and he be externed for a period of one year from District-Tikamgarh and it's adjoining district.W. P. No. 511/ 2019The District Magistrate recorded the statement of the witness namely Shri Anand Singh Parihar, Station House Officer, who has narrated the criminal record of the petitioner and also disclosed that there were ten cases registered against him and also apprised the District Magistrate that the petitioner has created terror in the society and due to fear and terror of the petitioner, nobody comes forward to get the statement recorded against him.One Shri Ramla Ahirwar, the witness of a criminal case registered against the petitioner at Police Station-Prithvipur, also recorded his statement and stated before the District Magistrate that he had made 3-4 complaints against the petitioner in the said police station as the petitioner has grabbed two acres of his land.He further stated that since the petitioner is always armed, therefore due to fear, he did not approach him for getting his land back.He has also stated that he had fear of his life and not only he, but other villagers were also terrorized by the petitioner.Likewise, Shri Amit Dangi, also recorded his statement and stated before the District Magistrate that the petitioner had assaulted him by lathis and report of that incident was made to the Police Station-Prithvipur.He had 4 W. P. No. 511/ 2019 also stated that the petitioner was in a habit of creating property disputes.He has further disclosed that the petitioner had also assaulted the Forest Officers.Thereafter, Shri Swami Prasad Yadav, has also recorded his statement and disclosed that on his land, the petitioner has constructed his house and due to terror, he is not able to get his property back, although he lodged report to the Police Station-Prithvipur.He has also stated that there were several cases registered against the petitioner in respect of grabbing immovable property of the villagers, but due to fear of life, nobody is able to fight against him and even record his statement in the Court.The petitioner has also recorded the statement of his witnesses, but those were not found satisfactory.As such, the petitioner was provided adequate opportunity to defend himself and to put-up his stand.The District Magistrate has also observed that earlier on 29.09.2018, an order of externment was passed against the petitioner, but in an appeal preferred by him, the Commissioner, Sagar Division, Sagar, set-aside the said order and remitted the matter back to the District Magistrate for deciding the same afresh after giving an 5 W. P. No. 511/ 2019 opportunity of hearing to the petitioner and thereafter, he was provided full opportunity.During the course of arguments, learned senior counsel for the petitioner had stated before the Court that the petitioner was falsely implicated in criminal cases registered against him due to some political rivalry.He had also disclosed that in maximum cases, the petitioner had been acquitted and he had never threatened any of the witnesses.

Sections cited: Section 294 in The Indian Penal Code, Section 323 in The Indian Penal Code, Section 506 in The Indian Penal Code, Section 5 in The Indian Penal Code, Section 341 in The Indian Penal Code