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2013 Supreme(Bom) 1598

S.C.DHARMADHIKARI, ABHAY M.THIPSAY
Shabbir @ Shahu Mohammad Shaikh – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Rahul Kadam, Advocate.
For the Respondents: Mrs. M.H. Mhatre, APP.

Judgment :

AbhayM. Thipsay, J.

1. Rule. By consent, Rule made returnable forthwith.

2. The learned APP waives service on behalf of the respondents. By consent, heard finally forthwith.

3. By this Writ Petition, the petitioner challenges the order passed by the Dy. Commissioner of Police, Zone-II, Pune City, externing the petitioner from Pune City and Pune District for a period of two years under the provisions of section 56(1)(a), 56(1) (b) and 56(1)(bb) of the Maharashtra Police Act, (Act No.XXII of 1951) [Previous short title changed by the Maharashtra (Change of Short Titles of Certain Bombay Act) Act 2011, (Mah.Act No.24 of 2012] (hereinafter referred to as “the said Act”) and confirmed in appeal under section 60 of the said Act, by the Secretary (Special) Home Department, Government of Maharashtra.

4. The petitioner is a resident of 427, Indira Nagar Zopad Patti, Pune. He was served with a notice dated 14 January 2013, as contemplated under section 59 of the said Act, calling upon him to show cause as to why he should not be externed from Pune City, Pune District and five adjoining districts for a period of two years under the provisions of clauses (a), (b) and (bb) of sub-s





























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