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2018 Supreme(Bom) 2348

PRASANNA B.VARALE, VIBHA KANKANWADI
Jalna Kamalkishor – Appellant
Versus
Superintendent Of Police, Jalna, Taluka And Dist Jalna – Respondent


Advocates Appeared:
R.R. Chandak, Adv., S.W. Munde, Adv.

JUDGMENT

Vibha Kankanwadi, J -Heard learned Advocate for the petitioner and the learned Addl. Public Prosecutor for the respondents.

2. Rule. Rule made returnable forthwith. By consent, heard finally.

3. By this writ petition, the petitioner is challenging the legality and validity of the order dated 27.10.2017, passed by Superintendent of Police, Jalna i.e. respondent no.01 and the order dated 09.02.2018, passed by Divisional Commissioner, Aurangabad, confirming the order of the respondent no.01, externing the petitioner under Section 55 of the Maharashtra Police Act, 1951 [hereinafter referred to as "the said Act"], for a period of one year from entire Jalna District.

4. The petitioner has contended that the orders those have been passed against him, externing him from the entire Jalna District, suffer from serious illegalities and arbitrariness. He submits that he is in the business of general stores, by name, Suman General Stores. It has been renamed as Suman Saree Centre and Saraswati Collection. He received show cause notice under Section 59 of the Maharashtra Police Act, thereby seeking explanation from him and other 24 persons on 05.08.2017. It was alleged in the said notice

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