CHOTU MOHAN NAIDU Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard with the consent of learned counsel for the parties.

(2.) This petition is filed with following substantive prayer:-

(3.) Learned counsel for the petitioner submits that order of detention is passed by the detaining authority mechanically in a very casual and cavalier manner, which shows total non application of mind on the part of detaining authority. It is submitted that on same set of allegations and facts three proceedings were initiated against the petitioner. Firstly, chapter proceedings under Section 107 of Cr.P.C. were initiated on 27.05.2020 and petitioner was asked to execute an interim bond. Accordingly, he executed bond for keeping peace and tranquility. Secondly, externment proceedings were initiated against the petitioner and the petitioner was externed on 02.08.2020 for a period of 6 months from Nashik City/district. The said chapter proceedings and externment proceedings were initiated against the petitioner on the basis of old and stale registered criminal case of the year 2014 and another C.R. No. 133 of 2020 under Section 324, 141, 143, 144, 146 and 149 of IPC and Section 135 of Maharashtra Police Act. The externment period of six months was completed on 02.02.2021. Immediately, in the next month i.e. on 05.03.2021 the detaining authority passed the detention order on the basis of same registered case vide C.R. No. 133 of 2020. It is submitted by the learned counsel for the petitioner that there was no other material whatsoever to consider for passing the detention order. The respondent authorities have taken in all three preventive actions one after another for single solitory offence. The said action taken by the respondent authorities including the detaining authority is not legally permissible and sustainable in law. When the petitioner was asked to execute an interim bond of Rs. 10,000/- for keeping good behaviour and thereafter he has not committed any offence, there was no question of either initiating externment proceedings or passing the detention order.