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Pradeep Soni Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

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Chhattisgarh HC
2025
Pradeep Soni Vs State of ChhattisgarhPradeep Soni v. State of Chhattisgarh

Disposed¶23

Pradeep Soni v. State of Chhattisgarh

Externment – Chhattisgarh Rajya Suraksha Adhiniyam, 1990

Chhattisgarh HC2 Apr 2025CRMP/505/2025

Case brief

AI extract

What is this about?

CRMP No. 505 of 2025, High Court of Chhattisgarh at Bilaspur, decided 03-04-2025, Ravindra Kumar Agrawal, J.; Pradeep Soni v. State of Chhattisgarh; externment order dated 03-12-2024 by District Magistrate Bilaspur in Criminal Case No.37/2023 under Section 5(a) and (b), Chhattisgarh Rajya Suraksha Adhiniyam 1990; appeal under Section 9 before State Government pending since 19-12-2024; stay application rejected 22-01-2025 in Appeal Case No.F-4-266-Grih-C/2024 (Regn. No.3994/24); writ direction to appellate authority to decide externment appeal expeditiously within three weeks; delay in disposal of externment appeal; petition disposed of.

What did the court decide?

Direction to respondent No.2 to decide the appeal on its own merits expeditiously, preferably within three weeks from production of certified copy of the order. ¶23

Why is it important?

The Court directed respondent No.2 to decide the petitioner's pending appeal on its own merits expeditiously, preferably within three weeks from production of certified copy of the order. ¶22

What the court decided

AI extract

Outcome

Direction to respondent No.2 to decide the appeal on its own merits expeditiously, preferably within three weeks from production of certified copy of the order.

Issue for consideration

Whether a direction should be issued to the appellate authority (respondent No.2) to decide the petitioner's appeal against the externment order, pending since 19-12-2024, within a stipulated time.

Court's answer

The Court directed respondent No.2 to decide the petitioner's pending appeal on its own merits expeditiously, preferably within three weeks from production of certified copy of the order.

Detailed headnote1 paragraphs

Externment - Chhattisgarh Rajya Suraksha Adhiniyam, 1990 - Externment order dated 03-12-2024 passed by the District Magistrate, Bilaspur under S.5(a) and (b) in Criminal Case No.37/2023 on account of the petitioner's criminal antecedents; appeal under S.9 filed before the State Government on 19-12-2024 remained pending; application for stay of the effect and operation of the externment order rejected on 22-01-2025 by respondent No.2 (Additional Chief Secretary, Home Department) in Appeal Case No.F-4-266-Grih-C/2024 (Regn. No.3994/24) - Petition confined to seeking a direction for timely disposal of the pending appeal, submission not opposed by State counsel - Held, respondent No.2 directed to decide the appeal on its own merits expeditiously, preferably within three weeks from production of certified copy of the order - Petition disposed of (Ravindra Kumar Agrawal, J.; 03-04-2025).

A

1

2025:CGHC:15812

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 505 of 2025

1 - Pradeep Soni S/o Shri Durga Prasad Soni, Aged About 33 Years, R/o Paraghat, Police Station- Masturi, District- Bilaspur ( C.G. ).

... Petitioner

versus

1 - State of Chhattisgarh Through The District- Magistrate Bilaspur, District- Bilaspur (C.G. ).

2 - The Additional Chief Secretary, Government of Chhattisgarh, Home Department, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District- Raipur ( C.G. ).

... Respondents

For Petitioner : Mr. Goutam Khetrapal, Advocate. For Respondent(s) : Ms. Laxmeen Kashyap, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal, J.

Order on Board

03-04-2025

Present CRMP has been filed by the petitioner challenging the order dated 22-01-2025 passed by respondent No.2 in Appeal Case No.F-4-266-Grih-C/2024 Registration No.3994/24 whereby the application for grant of stay of the effect and operation of the order dated 03-12-2024 is rejected.

Brief facts of the case are that on 03-12-2024 an externment order has been passed against the petitioner by the District Magistrate Bilaspur in Criminal Case No.37/2023 by invoking the provisions under Section 5(a) and (b) of the Chhattisgarh Rajya Suraksha Adhiniyam, 1990 (in short, the Adhiniyam, 1990’) considering the criminal antecedents of the petitioner.

Digitally signed by MOHAMMAD AADIL KHAN

2

The petitioner has filed an appeal under Section 9 of the Adhiniyam, 1990 before the State Government on 19-12-2024, in the said appeal the application for stay of the effect and operation of the impugned order dated 03-12-2024 was also filed by the petitioner, but the same has been rejected by respondent No.2 vide order dated 22-01-2025 which is under challenge in the present petition.

Learned counsel for the petitioner would submit that the purpose of filing of this petition would be subserved if a direction is given to the appellate authority to decide the appeal filed by the petitioner within stipulated time as the same is pending since 19-12-2024.

The submission made by learned counsel for the petitioner is not opposed by the learned State counsel.

Considering the submission made by learned counsel for the parties, further considering that the externment order has been passed on 03-12-2024 by the District Magistrate Bilaspur against the petitioner and on 19-12-2024 the petitioner has filed the appeal before the State Government which is pending till date, the respondent No.2 is directed to decide the appeal on its own merits expeditiously preferably within three weeks from production of certified copy of this order.

With this observation, the petition is disposed of.

Sd/-

(Ravindra Kumar Agrawal) Judge

Aadil

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether a direction should be issued to the appellate authority (respondent No.2) to decide the petitioner's appeal against the externment order, pending since 19-12-2024, within a stipulated time.medium confidence¶20
The court held
The Court directed respondent No.2 to decide the petitioner's pending appeal on its own merits expeditiously, preferably within three weeks from production of certified copy of the order.ratio¶22

Statutes considered

2 provisions across 1 enactments

AI extract

Chhattisgarh Rajya Suraksha Adhiniyam, 19905(a) and (b)¶16 9¶19

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 22-01-2025 passed by respondent No.2 in Appeal Case No.F-4-266-Grih-C/2024 (Registration No.3994/24), rejecting the petitioner's application for stay of the effect and operation of the externment order dated 03-12-2024.¶15
Respondent No.2 - The Additional Chief Secretary, Government of Chhattisgarh, Home Department (State Government / appellate authority) · 22-01-2025
Prior proceeding
Externment order dated 03-12-2024 passed against the petitioner by the District Magistrate Bilaspur in Criminal Case No.37/2023 under Section 5(a) and (b) of the Chhattisgarh Rajya Suraksha Adhiniyam, 1990, considering the petitioner's criminal antecedents.¶16
Prior proceeding
Appeal under Section 9 of the Adhiniyam, 1990 filed by the petitioner before the State Government on 19-12-2024 against the externment order; pending till date.¶19

Parties & counsel

AI extract

petitioner
Pradeep Soni S/o Shri Durga Prasad Soni¶6
Goutam Khetrapal
respondent
State of Chhattisgarh Through The District- Magistrate Bilaspur¶9
Laxmeen Kashyap
respondent
The Additional Chief Secretary, Government of Chhattisgarh, Home Department¶10
Laxmeen Kashyap

Coram

AI extract

Ravindra Kumar Agrawalauthor¶12

Case details

As recorded by the court registry

Court: Chhattisgarh HC
Decided on: 2 Apr 2025 · April
Registered: 5 Feb 2025
Case no.: CRMP/505/2025
CNR: CGHC010054222025
Bench: Ravindra Kumar Agrawal
Disposal: DISPOSED OFF
Case type: CRMP

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Cite this judgement

Pradeep Soni v. State of Chhattisgarh, CRMP/505/2025 (CG), decided on 2 April 2025.

The High Court of Chhattisgarh publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Chhattisgarh Rajya Suraksha Adhiniyam, 19905(a) and (b) · 9

View all statutes

Procedural history3

Order dated 22-01-2025 passed by respondent No.2 in Appeal Case No.F-4-266-Grih-C/2024 (Registration No.3994/24), rejecting the petitioner's application for stay of the effect and operation of the externment order dated 03-12-2024.Respondent No.2 - The Additional Chief Secretary, Government of Chhattisgarh, Home Department (State Government / appellate authority) · 22-01-2025
Externment order dated 03-12-2024 passed against the petitioner by the District Magistrate Bilaspur in Criminal Case No.37/2023 under Section 5(a) and (b) of the Chhattisgarh Rajya Suraksha Adhiniyam, 1990, considering the petitioner's criminal antecedents.
Appeal under Section 9 of the Adhiniyam, 1990 filed by the petitioner before the State Government on 19-12-2024 against the externment order; pending till date.

View full history

Bench / Coram

Ravindra Kumar Agrawal

Parties & counsel