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Hanshad vs the Advisory Board Under the Kerala Anti-Social Activity (Prevention)

Hanshad vs The Advisory Board Under the Kerala Anti-Social Activity (Prevention)

Type Court Judgment Court Kerala Decided May 27, 2024
~3 min read
https://sooperkanoon.com/case/1322558

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(Crl.)/380/2024

Parties & Advocates

Appellant / Petitioner

Hanshad

Respondent

The Advisory Board Under the Kerala Anti-Social Activity (Prevention)

Excerpt

.....the executionof the externment order, we confine the externment till today. we direct the petitioner to report before the station house officer, kayamkulam police station on every sundays at 11 am for the remaining period, without fail. it will be open to the respondents to proceed against him in accordance with law, in case of non-compliance. the w.p.(crl.) is disposed of as above. sd/ a.muhamed mustaque sd/ s.manu jm/ appendix of wp(crl.) 380/2024 petitioner exhibitsexhibit p1 a true copy of the refer report no. d1/60856/2023 a, forwarded by the 3rd respondent to the 2nd respondent, dated28.09.2023 along with case related documents exhibit p2 a true copy of the show cause notice no. kaapa- the petitioner dated. 07.10.2023 exhibit p3 a true copy of the order no. kaapa- the petitioner dated. 14-11-2023 exhibit p4 a true copy of the representation filed under section 15(2) of the kapa act 2007, againstorder no. kaapa- 17522/2023/er dated.14.11.2023passed by the 2nd respondent, dig of police, range office eranakulam exhibit p5 a true copy of the order no. o.p. 08/2024 issued by the 1st respondent to the petitioner dated 29.01.2024

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR. JUSTICE S.MANU MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946 PETITIONER/S: HANSHAD AGED 28 YEARS S/O HABEEB,MANAKKATTUCHIRA HOUSE,KRISHNAPURAM MURI,KRISHNAPURAM VILLAGE,ALAPPUZHA DISTRICT, PIN - 690533 OMAR SALIM A.N.BIJU P.ABDUL NISHAD ASHISH ABY DAVID AMRITHAMOL A.S. RESPONDENT/S: 1 THE ADVISORY BOARD UNDER THE KERALA ANTI-SOCIAL ACTIVITY (PREVENTION) REPRESENTED BY SECRETARY,PADOM RD, VADUTHALA,ERNAKULAM, KERALA, PIN - 682023 2 THE DEPUTY INSPECTOR GENERAL OF POLICE SOUTH KALAMASSERY, KALAMASSERY,ERNAKULAM, KERALA, PIN - 3 THE DISTRICT POLICE CHIEF CCSB RD, MUKHAM PURAYIDOM, CIVIL STATION WARD, ALAPPUZHA, KERALA, PIN - 688012 ADVOCATE GENERAL OFFICE KERALA ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11) ADDL. STATE PUBLIC PROSECUTOR(AG-28) THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 27.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 27th day of May 2024

S.Manu, J.

Petitioner has approached this Court aggrieved by Ext.P3 order by which he has been directed not to enter the the jurisdictional limits of the District Police Chief, Alappuzha. The said order was passed on 14.11.2023 and was executed on 01.12.2023. The detention order was passed on the basis of five cases registered against the petitioner for various offences. The externment is for a period of 9 months.

2. Since considerable time has been elapsed after the execution

of the externment order, we confine the externment till today. We direct the petitioner to report before the Station House Officer, Kayamkulam Police Station on every Sundays at 11 am for the remaining period, without fail. It will be open to the respondents to proceed against him in accordance with law, in case of non-compliance. The W.P.(Crl.) is disposed of as above. Sd/ A.MUHAMED MUSTAQUE sd/ S.MANU jm/ APPENDIX OF WP(CRL.) 380/2024 PETITIONER EXHIBITS

Exhibit P1             A   TRUE   COPY   OF   THE   REFER    REPORT   NO.
                       D1/60856/2023   A,    FORWARDED    BY    THE   3RD
                       RESPONDENT   TO   THE   2ND   RESPONDENT,    DATED

28.09.2023 ALONG WITH CASE RELATED DOCUMENTS Exhibit P2 A TRUE COPY OF THE SHOW CAUSE NOTICE NO. KAAPA- THE PETITIONER DATED. 07.10.2023 Exhibit P3 A TRUE COPY OF THE ORDER NO. KAAPA- THE PETITIONER DATED. 14-11-2023 Exhibit P4 A TRUE COPY OF THE REPRESENTATION FILED UNDER SECTION 15(2) OF THE KAPA ACT 2007, AGAINST

ORDER NO. KAAPA- 17522/2023/ER DATED.14.11.2023

PASSED BY THE 2ND RESPONDENT, DIG OF POLICE, RANGE OFFICE ERANAKULAM Exhibit P5 A TRUE COPY OF THE ORDER NO. O.P. 08/2024 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 29.01.2024

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