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2013 Supreme(Bom) 96

A.S.OKA, A.P.BHANGALE
Hanuman Rajaram Mhatre – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioner:Pratibha Borade i/by, A.S. Rao, Advocates.
For the Respondent: V.B. Konde-Deshmukh, APP.

Judgment :

(A.P. Bhangale, J.)

1. Rule. Rule made returnable forthwith. Taken up for hearing by consent and Heard.

2. The petitioner has sought to invoke writ jurisdiction of this court praying for quashing and to set aside the show cause notice dated 04012012, the order of externment dated 10042012 and the order externing the Petitioner issued on behalf of the Respondent state to the petitioner whereby the Petitioner was directed to be externed from the Mumbai Suburbs, New Mumbai and Thane, Raigarh Districts for the period of two years. The Deputy Commissioner of Police passed the order of externment on the ground that due to the illegal acts of the petitioner, alarm or danger has been created in the mind of the people in respect of safety of person or property in view of the offences committed by him under the provisions of Chapters 16 and 17 of the Indian Penal Code.

3. The show cause notice was issued to the Petitioner on 04-01-2012 under section 59 of the Bombay police Act, calling upon the Petitioner to attend on 12-01-2012 at 11 a.m. the Petitioner had examined himself and one witness in support of his defence. Externment order was passed on 10042012. Which was challenged in











































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