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2014 Supreme(Bom) 953

NARESH H.PATIL, V.L.ACHLIYA
Mohammed Ali Fakruddin Sayyad – Appellant
Versus
Assistant Commissioner of Police – Respondent


Advocates appeared:
Mr. PANKAJ SHINDE a/w. JITENDRA AGRAWAL i/by AMAR BHAU, Advocate for the Petitioner.
Mr. J.P. YAGNIK, APP for the State.

Judgment :

V.L. ACHLIYA, J. :- Rule. Rule returnable forthwith. By consent, taken up for final hearing.

2. The petitioner has challenged the order of Externment dated 10/04/2013 passed by the Dy.Commissioner of Police, Matunga Division, Zone-IV, Mumbai i.e. respondent No.2 and order dated 17/07/2013 passed in appeal by the Principal Secretary, Home Department, Government of Maharashtra i.e. respondent No.3.

3. In brief, facts leading to filing of petition are as under:

On 31/01/2013 a notice u/s. 59 of the Bombay Police Act was issued to the petitioner to show cause as to why he should not be externed from local limits of Mumbai City, suburb city of Mumbai and District Thane and Raigarh for the period of two years. Show cause notice mention the details of criminal cases registered against the petitioner as well as his continuing unlawful activities which has prompted the authority to initiate proceeding of Externment. It has been specifically mentioned in show cause notice that one C.R.No.226 of 2012 for offence u/s.143, 144, 145, 147, 148 149, 307, 326, 504 and 506 r/w. 34 of IPC has been registered against him on 03/10/2012 with Police Station, Antop Hill in respect of which criminal



















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