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2013 Supreme(Bom) 1763

S.C.DHARMADHIKARI, G.S.PATEL
Mohammed Sagir Idris Ansari @ Raju Ansari – Appellant
Versus
Vineet Agarwal – Respondent


Advocates Appeared:
Mr. HUSEN SHAIKH for the Petitioner.
Mrs. A.S. PAI, APP for the Respondents State.

JUDGMENT

G.S. PATEL, J. :- Rule, returnable forthwith. Mrs. Pai, Learned APP, waives service. By consent, taken up for hearing and final disposal.

2. The 3rd Respondent issued a notice dated 29th January 2013 to the Petitioner, calling upon him to show cause why he should not, under the provisions of Sn. 56(1)(a)(b) of the Bombay Police Act, be externed from the limits of Thane, Mumbai, Mumbai Suburban and Raigad Districts for two years. The Petitioner appeared before the 3rd Respondent and was heard. The 3rd Respondent closed the case and sent it on to the 2nd Respondent who passed an externment order on 2nd May 2013 externing the Petitioner from the limits of Thane District for a period of six months. The Petitioner filed an Appeal to the 1st Respondent. The Appeal was dismissed on 4th July 2013. The Externment Order of 2nd May 2013 and the Appellate Order of 4th July 2013 are the subject matter of challenge in this Writ Petition under Article 226 of the Constitution of India.

3. Mr. Shaikh, Learned Advocate for the Petitioner, placed his grounds of challenge under four heads:

(a) That the material on which the impugned orders are based is stale and not proximate to the externment or












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