SCR.A/1727/2006 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 1727 of 2006 For Approval and Signature: HONOURABLE MR.JUSTICE MD SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= SHRI DIPESH @ BUNTY SURENDER- KUMAR SHARMA - Applicant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR BA SHIGROHA for Applicant(s) : 1, Mr L.R. Pujari, addl.PUBLIC PROSECUTOR for Respondent(s) : 1, RULE SERVED for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 05/03/2008 ORAL JUDGMENT 1. This petition has been filed by the petitioner externee for quashing and setting aside the order of externment dated 24.4.2006 passed by the Deputy Police Commissioner, Zone V, Ahmedabad City, whereby the petitioner-externee came to be externed from the limits SCR.A/1727/2006 2/2 JUDGMENT and jurisdiction of the Police Commissioner, Ahmedabad District as well as the limits of Gandhinagar and Kheda districts for a period of two years which has been confirmed by respondent No.1 vide its order dated 28.9.2006. 2. Learned advocate for the externee has invited my attention to the show-cause notice dated 14.11.2005 issued by respondent No.2. In the said show cause notice, two cases have been mentioned as registered cases against the externee. 3. The externee has challenged the order of externment on various counts. It is submitted by the learned advocate for the petitioner that no case is pending against the present petitioner in any court as on today and he has been acquitted from all the offences registered against him. 4. Having heard the learned advocate for the petitioner and the learned APP for the respondent authorities and looking to the facts of the case, this application is partly allowed. The impugned order of externment dated 24.4.2006 passed by the respondent No.2 and the order dated 28.9.2006 passed by the respondent No.1 against the externee shall stand modified to the extent that the period of externment of two years externing him from Ahmedabad, Gandhinagar and Kheda districts stands reduced from two years to one year. Rule is made absolute the aforesaid extent only. [M.D. SHAH, J.] msp