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1986 Supreme(Bom) 129

R.R.JAHAGIRDAR, C.S.DHARMADHIKARI
Subhash Ganu Bhoir – Appellant
Versus
K. P. Raghuwanshi & another – Respondent


JUDGMENT - C.S. DHARMADHIKARI, J.:---The petitioner in this case has challenged the order of externment issued by the Deputy Commissioner of Police, Thane on 3rd of October, 1985 under section 56(a) and (b) of the Bombay Police Act, as well as the order passed in appeal by the State Government on 24th of January, 1986 on various grounds.

2. It is contended by Miss Desai, learned Counsel for the petitioner that the order is based on old and stale instances on the basis of which no order of externment could have been issued under the Bombay Police Act. She has also contended that the instance in which the petitioner was acquitted or the chapter cases which came to be dropped, could not have been taken into consideration for passing the externment order. Only one case is pending against the petitioner in Thane Court which is also of the year 1984. On the basis after a lapse of about one year no externment proceedings could have been taken against the externee. She also contended that the petitioner is an active social worker of the Janata Party. Since he was to contest the Municipal Corporation Elections at the instance of the persons belonging to the party in power, the present procee






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