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2022 Supreme(Bom) 1173

DIPANKAR DATTA, NITIN B.SURYAWANSHI
Abasaheb Balasaheb Warkhede – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Satej Jadhav, Advocate, R. V. Dasalkar, Advocate

JUDGMENT

Nitin B. Suryawanshi, J. - Rule made returnable forthwith. Heard finally with the consent of the learned advocates for the parties.

2. This petition, filed under articles 226 and 227 of the Constitution of India, takes exception to order of externment dated 16th February, 2021 passed by the Superintendent of Police, ahmednagar respondent No. 2, externing the petitioner from ahmednagar district for a period of eighteen months under section 55 of the Maharashtra Police act, 1951 (hereafter 'the said act' for short) which is confirmed by the Divisional Commissioner, Nashik Division, Nashik respondent No. 3 in Externment appeal No. 22 of 2021 vide order dated 26th July, 2021.

3. Learned advocate for the petitioner assailed the impugned order on various grounds. He submits that there is no material on record to show that the five crimes registered against the petitioner are committed by the petitioner as a member of a gang or body of persons and those offences are committed by the gang members in concert. He submits that though nine offences are registered against four gang members,






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