VASANTI A NAIK, J.

1. Rule. Rule is made returnable forthwith. The Criminal Writ Petition is heard finally at the stage of admission with the consent of the learned Counsel for the parties.

2. By this Criminal Writ Petition, the petitioner challenges the order of the Deputy Police Commissioner, Nagpur, dated 17.4.2017 under Section 56(1)(bb) of the Maharashtra Police Act, 1951 externing the petitioner from Nagpur City and the adjoining rural areas for two years.

3. A notice was served on the petitioner under Section 59 of the Act asking him to show cause as to why he should not be externed under the provisions of Section 56 of the Act in view of the pendency of the offences against him under Section 307 of the Penal Code and Section 65(e) of the Maharashtra Prohibition Act, 1949. The petitioner submitted a reply and pointed out to the Deputy Commissioner of Police, Nagpur that he had not committed any offence or such activities for which he could have been externed under the provisions of Section 56 of the Act. However, the Deputy Commissioner of Police recorded the statements of the witnesses and the order of externment was passed against the petitioner under Section 56(1)(