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1986 Supreme(Bom) 130

C.S.DHARMADHIKARI, R.R.JAHAGIRDAR
Khairunisa Mohamed Suleman Sayyed (Smt. ) – Appellant
Versus
Sub-Divisional Magistrate, Miraj & another – Respondent


JUDGMENT - C.S. DHARMADHIKARI, J.:---In this petition the petitioner has challenged the order of externment passed by the Sub-Divisional Magistrate, Miraj dated 26th of December, 1983 externing her from the area of Sangli, Satara, Kolhapur and Solapur district for a period of 2 years. This order is passed in exercise of the powers conferred under section 56(a) and (b) of the Bombay Police Act. The petitioner has also challenged the order passed by the State Government in appeal under section 60 of the Act dated 12th of December, 1984.

2. In the order of externment it is stated by the Externing Authority that since 1974 to date in Miraj City and particularly at her residence opp. Hira Hotel, her acts and movement are causing and are calculated to cause alaram, harm and danger to the residents of the aforesaid locality. It was also alleged that the petitioner is an habitual offender and has committed offence under various section of Chapters 16 and 17 of the Penal Code. Then in para 2 of the order it is stated that during 1974 to 1983 the opponent has committed several acts and offences coming within the purview of Chapters 16 and 17 of the Indian Penal Code.

3. Thus from the bare read



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