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2016 Supreme(Bom) 2071

B.P.DHARMADHIKARI, A.S.CHANDURKAR
Shaikh Mukhtyar S/o Mustafa Shaikh – Appellant
Versus
State of Maharashtra, Through the Principal Secretary, Department of Home, Mantralaya, Mumbai – Respondent


Advocates Appeared:
For the Petitioner: Shri A.K. Waghmare, Counsel.
For the Respondents: Shri V.A. Thakre, Additional Public Prosecutor.
For the Intervenors : Shri C.P. Chandurkar, Counsel.

JUDGMENT :

A.S. Chandurkar, J.

Heard learned counsel for the parties at length.

2. The challenge in the present criminal writ petition is to order of externment, passed by respondent No. 3, dated 11.4.2016 by which the petitioner has been externed from the limits of the Commissionerate at Nagpur for a period of one year. This order has been passed under the provisions of Section 56(1)(a) of the Maharashtra Police Act, 1951 (for short, "the said Act").

3. Show cause notice dated 5.1.2016 was issued to the petitioner in which reference was made to five offences that were stated to have been registered against him at Ambazari Police Station. Three of the offences pertain to the year 2001-02, one offence pertains to the year 2014 and the last offence pertains to the year 2015. The petitioner submitted his reply to the aforesaid notice on 14.1.2016. By the impugned order, respondent No. 3 proceeded to pass the order of externment, as stated herein above.

4. Learned counsel Shri A.K. Waghmare for the petitioner submitted that the impugned order indicated non-application of mind on the part of the Externing Authority. He submitted that out of the five offences that were referred to in the show
















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