"9 MJGHJCOURT OF GHHATTISGARH AT BILASPUR Cr.!V!.P. No. 293/2008 Applicant . . Dharmendra Slngh Rathore. S7o. Darbar SJngh Rathors, aged about 35 ysars, R/o viiiage Saragaon, P.S. Saragaon, Dis'trict : JanjgJr-Champa (C.G.) • : Respondents Versus 1....: State of Chhattisgarh, Through-Secretary, Depasttment of Home Affair Govt. of Chhattisgarh D.K.S. Bhavan, Raipur (C.G.) 2. The Superintendent of Police District: Janjgir-Champa (C.G.) 3. The District Magistrate, Dlstrict: Janjgir- Champa (C.Q.) APPLICATION UNDER SECTION 482 OF THE CRININAL PROCEDURE ^ODE (SB: Hon'ble Mr. T.P. Sharma, J.) Present: Shri Gurudev I. Sharan, counsel for the applicant. Shri Sanjeev K. Agrawal, Panel !aw/er for the SSate. ' OralOrder (Passed on 10th July, 2008) 1. The applicant has filed this petition under Sectlon 482 pf the Code of Criminai Procedure Code, 1973 for quashment of the externment proceedlng initlated against him before the District Magistrate, JanJgir-Champa in Criminat Case No. 36/2005. •^-^. 2. I have heard leamed counsei for the appjicant and iearned Panel lawyer for the State and perused the copy of order-sheets and order of externment proceeding filed on behalf of the appiicant. 3. Learned counsel for the applicant submits that earlier the order of externment was passed against the applicant 6n same set of evidence and again present extemm^nt proceeding has been initiated against the appiicant on same set of evidence which is not permlssible under the law, 4. Learned counsel for the applicant relying upon the judgment of the Hlgh Court of Madhya Pradesh in the case of Ayub Khan v. State of. M-P. and others submits that if nofhing subsiantiBl during the period of 18 months prior to passing of the orcter has been brought out it cannot be sald 1994 (1) Vibha 168 fhat foecause of ^he presence of the person the iife of the persons of the iocaSty wi!lbe 'sn dangeror there wllibe dlsturbance ofpublic ofder. 5. Court beiow has initiated externment proceeding against the appticant in the year 2005 where the appticant Is conteisting the case and after lapse of 3 years, he has filed this petition for quashment of the externment proceeding inltiated against him. 1 do notfind any justification to interfere at this stage. The applicant may agitate his claimi before the trial court< B/- 6. Consequently, the petition is dismlssed. Sd/- T.P. Sharma Judge