JUDGMENT :

T.V. Nalawade, J.

1. Rule, rule made returnable forthwith. Heard both the sides by consent for final disposal.

2. The proceeding is filed to challenge the order of externment made by the Sub Divisional Magistrate, Jalgaon and the order made by the Divisional Commissioner, Nashik Division, Nashik in appeal by which the appeal came to be dismissed.

3. Shanipeth Police Station Jalgaon had submitted a proposal before the Sub Divisional Magistrate Jalgaon for passing externment order against the petitioner. On the basis of material supplied, the Sub Divisional Magistrate issued show cause notice under section 59 of the Bombay Police Act against the petitioner. In the show cause notice it was mentioned that against the petitioner as many as six cases were filed by police of MIDC Police Station Jalgaon and Shanipeth Police Station Jalgaon for offences punishable under sections 307, 452, 448, 392, 34 etc. of Indian Penal Code and under section 4/25 of the Arms Act. In the show cause notice it was mentioned that some reports of non cognizable offences were also given against him. It was mentioned that he was not doing any work and he was picking quarrels in the locality and he had developed habit of quarrelling with persons and due that, there was danger to the persons and property of the persons living in the locality where the petitioner was living.

4. During inquiry, reply was given by the petitioner and he contended that he is a family man and he is doing labour work to maintain his parents, his wife and two issues. He contended that he was acquitted in most of the cases which were filed against him by police and his family will starve if order of externment is passed against him.

5. In the matter, the order passed by the Sub Divisional Magistrate, not only six cases filed against petitioner were considered but also reports of non cognizable offences given in as many as 10 cases were considered and they were from the year 2009. The submissions made and the record show that out of six cases there was record before the Sub Divisional Magistrate to show that in three cases the petitioner was acquitted. On the basis of pendency of the three cases the Sub Divisional Magistrate has made order of externment for a period of one year from entire Jalgaon District. The order does not show that there was a possibility of danger to persons or the property of persons like witnesses and witnesses were not coming forward to give evidence against the petitioner. The copies of the F.I.R. of the cases mentioned show that in the crime registered for offences punishable under section 307 of IPC the present petitioner was accused No. 5. There was allegation against Shankar Thakre that he had given blow of iron bar on the head of the injured. The incident had taken place due to misunderstanding that the injured was assaulting one Suresh Thakre probably brother of Shankar Thakre the main assailant. In the case which was for offence under section 392 IPC allegations were made that three unknown persons had robbed the informant but in both these cases the petitioner was acquitted. In other 2 offences under section 452 and 448 also the petitioner is acquitted. Thus the record filed did not show that the petitioner had become a threat to public order. It is not disputed that he is a family man and he is the bread winner for the family. It is not the case of the State that he is making money by indulging in illegal activity.

6. This Court had opportunity to consider relevant provisions of Bombay Police Act in Criminal Writ Petition No. 699/2019 decided on 10-6-2019. The submissions which can be made in such a matter and the position of law was discussed by this Court in the said matter and the observations are at paragraphs 13 to 30 as under.

"13. The learned APP submitted that the aforesaid material was more than sufficient and on that basis, the subjective sanctification of the officer was based and so, this Court is not expected to interfere in the matte