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2021 Supreme(Bom) 114

SUNIL B.SHUKRE, AVINASH G.GHAROTE
Mohan – Appellant
Versus
Superintendent of Police, Akola, Dist. Akola – Respondent


Advocates Appeared:
For the Petitioners:N.T. Gwalwansh, h/f S.N. Nandeshwar, D.S. Patil, Advocates
For the Respondents: H.N. Jaipurkar, A.P.P.

JUDGMENT :

Sunil B. Shukre, J.

1. Both these petitions are being heard together and being disposed of together as the challenge made in each of these petitions is common which is the one against the order of externment passed against all these petitioners by respondent - Superintendent of Police, Akola on 12.9.2020 and the order dated 22.10.2020 of the Divisional Commissioner, Amravati Division, Amravati thereby confirming the externment of these petitioners in appeal for a period of two years from the districts of Akola, Amravati, Washim and Yavatmal.

2. Heard. Rule. Rule made returnable forthwith. Heard finally by consent.

3. Petitioners Mohan Damodar Raut and Dhiraj Damodar Raut in Criminal Writ Petition No.612/2020 are the sons of Damodar Kisan Raut, who is a petitioner in Criminal Writ Petition No.627/2020. The father and his two sons have been externed from 4 districts for a period of two years by the impugned orders.

4. It is the contention of respective learned counsel for these petitioners that the impugned orders are arbitrary and excessive. According to them, there was no material available on record which would satisfy the essential requirements of Section 55 of the Maharash

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