S.S.SHINDE, K.K.SONAWANE
Sanjay S/o Balasaheb Ruptakke – Appellant
Versus
State of Maharashtra, through its Secretary, Home Department – Respondent
S.S. SHINDE, J.
1. Heard. Rule. Rule made returnable forthwith. Heard finally by consent of parties. This petition is filed with the following substantive prayer:-
"(C) By issue of writ of certiorari or any other appropriate writ, order or directions in the like nature, the impugned order dated 28.02.2017 passed by the respondent No. 2 in Externment Appeal No. 58/2016 thereby confirming and modifying the order dated 29.10.2016 passed by respondent No. 3 in Externment proposal No. 16/2016 may kindly be quashed and set aside."
2. Learned counsel for the petitioner invited our attention to the contents of the show cause notice issued by the respondent No. 2 and submits that in the said show cause notice, there is no whisper about the recording of any in-camera statements of the witnesses by the respondent No. 3 so as to arrive at subjective satisfaction that due to apprehension or fear in the minds of the witnesses, they are not coming forward in public to depose against the petitioner. He submits that on the said ground alone, the entire proceeding initiated by respondent No. 3 stands vitiated, inasmuch as, the requirement of Provisions of Section 56(1)(b) of the Bombay Police
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