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2017 Supreme(Bom) 1777

R.K.DESHPANDE, M.G.GIRATKAR
Rajesh s/o Jiwan Jangle – Appellant
Versus
State of Maharashtra, Through Divisional Commissioner, Nagpur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Akash B. Moon
For the Respondents: Mr. S.S. Doifode

JUDGMENT :

M.G. Giratkar, J.

1. Rule returnable forthwith. Heard finally with the consent of the learned Counsel for the respective parties.

2. The petitioner has challenged externment order passed by respondent no.1/Divisional Commissioner, Nagpur Division, Nagpur in Appeal No.13 of 2017 and the order No.04 of 2017, dt.10.4.2017 passed by respondent no.3/Deputy Commissioner of Police Zone/Circle No.1, Nagpur.

3. It is submitted that the petitioner is a businessman running a hotel by name ‘Sahil Restaurant’ situated on Khadgaon Road, Wadi. He also possesses a godown, which he used to give on rent. The petitioner is subjected to false prosecution by Police Authorities merely on suspicion.

4. For the first time, a show cause notice u/s.59 of the Bombay Police Act, 1951 was issued by the Assistant Police Commissioner, M.I.D.C. Division, Wadi, District Nagpur, on 15.3.2017 for action under Section 56(1)(a)(b) of the Bombay Police Act. In pursuance of the said notice, the petitioner went to the Office of respondent no.2 along with witnesses to furnish his explanation to the charges. Ho
























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