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2014 Supreme(Bom) 970

NARESH H.PATIL, ANUJA PRABHUDESSAI
Amit Arjun Phale – Appellant
Versus
Dy. Commissioner of Police, Zone IV – Respondent


Advocates Appeared:
For the Petitioner:U.N. Tripathi, Advocate.
For the Respondents: P.H. Kantharia, APP.

Judgment :

AnujaPrabhu Dessai, J.

1. Rule. Rule made returnable forthwith. Heard by consent of parties.

2. The petitioner herein has challenged the externment order No.37 of 2013 dated 4.10.2013 passed by the Deputy Police Commissioner Zone IV, Pune City under the provisions of Section 56(1) (a) (b) of the Bombay Police Act hereinafter referred to as the “said Act”.

3. The externment order was preceded with notice dated 13.8.2013 issued by the Inquiry Officer/ Assistant Commissioner of Police under Section 59 of the Bombay Police Act, whereby the petitioner was called upon to show cause as to why he should not be externed from the limits of Pune City and Pune District for a period of two years. The petitioner appeared before the Inquiry Officer and filed his reply. The inquiry Officer forwarded the report to the Externing Authority for further action. Upon considering the material on record, the Externing Authority passed the impugned order dated 4.10.2013 externing the petitioner from Pune City and Pune District for a period of two years.

4. The petitioner filed Externment Appeal No. 156 of 2013 before the Appellate Authority challenging the order dated 4.10.2013, which was dism




























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