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2013 Supreme(Bom) 1629

S.C.DHARMADHIKARI, S.B.SHUKRE
Dattatraya Ramchandra Jadhav – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Kuldeep Patil i/b. Shrikant Hutagikar, Advocates.
For the Respondents: K.V. Saste, A.P.P.

JUDGMENT :

S.B. Shukre, J.

1. This petition is directed against the order dated 15th October, 2012 passed by Sub-Divisional Magistrate, Satara, externing the petitioner from the limits of Satara District for a period of 2 years and also the order passed by the appellate authority dated 22nd March, 2013 confirming the externment order.

2. This petition has been heard finally at the stage of admission with the consent of the parties. Hence, Rule made returnable forthwith. Learned A.P.P. waives service of notice for the respondents.

3. We have heard learned counsel for the petitioner and learned A.P.P. for the State.

4. It is submitted by learned counsel for the petitioner that the petitioner has not been served with any show cause notice and has been denied an opportunity to defend himself in the externment proceedings initiated against him. He further argued that mother of the petitioner had informed the inquiry officer, Sub-Divisional Police Officer, Satara about his inability to attend the proceedings due to mental illness of the petitioner but that was ignored by the inquiry officer as well as the externing authority and inquiry was held without hearing the petitioner. He has f






















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