An externment order can be struck down if it is excessive and not justified by the circumstances of the case, as established by legal provisions and precedents.

S.S. Shinde, J.

1. Rule. Rule made returnable forthwith and heard finally by consent of the learned counsel for the parties.

2. By this application under Section 482 of the Criminal Procedure Code, the applicant is praying for quashing and setting aside impugned order dated 07.10.2014 passed by the Sub-Divisional Magistrate, Parbhani in Case No. 2013/BPA/Exten.

3. The learned counsel appearing for the applicant confined her arguments to only one ground that, without recording subjective satisfaction and reasons in the externment order, the applicant is externed from five districts i.e. Parbhani, Hingoli, Nanded, Jalna and Latur. It is submitted that, offences which are registered against the applicant are in Nanalpeth Police Station located at Parbhani. It is submitted that, even the alleged prejudicial activities of the applicant, as stated in the show-cause notice, are in the vicinity of Nanalpeth area at Parbhani. Therefore, the learned counsel appearing for the applicant submits that, the order is excessive, in as much as, the applicant is externed from Hingoli, Nanded, Jalna and Latur districts.

4. The learned Additional Public Prosecutor relying upon the show-cause notice and reasons recorded in the order of externment passed by the Sub-Divisional Magistrate, Parbhani submits that, the externment order is in conformity with the material placed on record and also within fore corners of the provisions of Sections 56 and 59 of the Bombay Police Act, 1951, therefore, this Court may not interfere in the impugned order.

5. We have given careful consideration to the submissions of the learned counsel appearing for the applicant and the learned Additional Public Prosecutor appearing for the State. We have also perused the original record made available by the learned Additional Public Prosecutor for perusal of this Court, show-cause notice and order impugned in this application. Since the application is confined only to the ground that, the externment order is excessive, inasmuch as the applicant's alleged prejudicial activities are in the show-cause notice confined to Nanalpeth area at Parbhani, however, the applicant is externed from five districts, we are confining our adjudication to the aforesaid ground alone.

6. Upon careful reading of the original record, show-cause notice and also the impugned order, so far alleged prejudicial activities of the applicant are concerned, same are described in Nanalpeth area at Parbhani, there is no discussion or subjective satisfaction disclosed in the impugned order, why the externment of the applicant from Hingoli, Nanded, Jalna and Latur districts is necessary. Upon careful reading of the show-cause notice and also the impugned order, it appears that, the offences registered against the applicant are at Nanalpeth Police Station located at Parbhani. Therefore, it is crystal clear that, the Sub-Divisional Magistrate, Parbhani has not assigned any reasons or recorded the subjective satisfaction about the externment of the applicant from Hingoli, Nanded, Jalna and Latur districts.

7. The point raised in this Application is no longer res integra and covered by the exposition of this Court in the case of Nisar @ Nigro Bashir Ahmed Khan V/s Dy. Commissioner of Police & ors. reported in 2013(3) Bom.C.R.(Cri.) 566. The paragraph nos. 9 to 11 of the said judgment read as under :-

"9. The point raised by the learned Counsel for the Petitioner that the externment order is excessive, in as much as, the alleged activities against the Petitioner, which are alleged in the show cause notice are confined to the jurisdiction of the Shivaji Nagar Police Station and within the area of Greater Bombay, therefore, externment of the Petitioner from aforesaid other three Districts is excessive, is no more res integra and is covered by the authoritative pronouncements of the Hon'ble Supreme Court as well as by this Court. The Hon'ble Supreme Court in the case of (Pandharinath Shridhar Rangnekar Vs. Dy. Commissi