THE STATE OF MADHYA PRADESH & ORS. versus DHARMENDRA RATHORE

THE STATE OF MADHYA PRADESH & ORS. versus DHARMENDRA RATHORE

The scheme of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 contemplates exercise of the power of District Magistrate under Sections 3, 4, 5 and 6 by an Additional District Magistrate or Sub-Divisional Magistrate; therefore, Additional District Magistrate is competent to pass an externment order under due...

Source-derived case information.

Parties
Appellant: The State of Madhya Pradesh & Ors.; Respondent: Dharmendra Rathore
Jurisdiction
India
Judgment Date
29 January 2019
Procedural Posture
Criminal Appeal / From Judgment and Order Dated 20.06.2014 of the High Court of M.p., Bench at Gwalior in WA No. 71 of 2014
Outcome
Appeals allowed; impugned judgments of the High Court set aside.
Legal Topics
Externment, Delegation of Magistrate's Power, Madhya Pradesh Rajya Suraksha Adhiniyam, 1990
Criminal Law Administrative Law Externment Delegation of Magistrate's Power Madhya Pradesh Rajya Suraksha Adhiniyam, 1990

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The State of Madhya Pradesh & Ors.

Appellant

Dharmendra Rathore

Respondent

Procedural Posture

Criminal Appeal / From Judgment and Order Dated 20.06.2014 of the High Court of M.p., Bench at Gwalior in WA No. 71 of 2014

Legal Issues

  1. 1 Whether Additional District Magistrate is competent to pass externment order under the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990

Ratio Decidendi

The scheme of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 contemplates exercise of the power of District Magistrate under Sections 3, 4, 5 and 6 by an Additional District Magistrate or Sub-Divisional Magistrate; therefore, Additional District Magistrate is competent to pass an externment order under due notification.

Court Disposition

Appeals allowed; impugned judgments of the High Court set aside.

Orders

  • Judgments of the High Court are set aside.