The central legal point established in the judgment is the proper application of the provisions under Section 59 and Section 60 of the Maharashtra Police Act, 1951, in evaluating the danger posed by the petitioner's involvement in criminal activities and passing the externment orders.

JUDGMENT

Sandipkumar C. More, J. - Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

2 This Criminal Writ Petition is directed against the impugned orders dated 17.05.23021 and 29.07.2021, passed by present Respondents No.2 and 3, respectively, whereby the petitioner has been externed from the area of MIDC Waluj Police Station, aurangabad, for the period of two years.

3 Background facts of the case are as under:

The petitioner is an agriculturist by profession and resident of village Jogeshwari, Tq. Gangapur, District aurangabad. His main source of income is agriculture. However, the assistant Police Commissioner, aurangabad, on 28.01.2021, issued show cause notice to him under the provisions of Section 59 of the Maharashtra Police act, 1951 (herein after referred to as 'the act'), mentioning that since four crimes were registered against him, his presence was found dangerous to the public at large. as such, he was asked, as to why he should not be removed from aurangabad district for two years. The petitioner thereafter replied the show cause notice and claimed that he has been involved in the alleged crimes falsely. according to him, since he had contested the election of Village Panchayat against the complainants, he was involved therein falsely out of political revenge.

However, under the order dated 17.05.2021, Respondent No.2, i.e. Deputy Commissioner of Police, aurangabad, by ignoring the defence of the petitioner, externed him from the area of Police Station MIDC, Waluj, aurangabad, for two years.

4 The petitioner preferred an appeal under Section 60 of the act, before the Divisional Commissioner, aurangabad Division, aurangabad, i.e. present Respondent No.3. However, Respondent No.3 has also not considered say of the petitioner so also the grounds raised in the appeal and vide order dated 29.07.2021, confirmed the order of externment.

5 Learned Counsel for the petitioner submits that the crimes mentioned in the notice issued against the petitioner were registered only because he has contested the election of village panchayat, Jogeshwari against the complainants in those cases.. The learned Counsel further submits that both the authorities below have failed to appreciate the grounds raised by the petitioner in his say, as to how he is not liable to be externed. It is further submitted on behalf of the petitioner that the petitioner has already been acquitted in first two crimes bearing RCC No. 343/2020 and 587/2020 by the learned Judicial Magistrate, First Class, Gangapur, under the orders dated 04.08.2021 and 05.08.2021, respectively. It is further submitted that rest of the two crimes bearing Crime No. 161/2019 and 82/2020 are registered under Section 65 (kh) of the Maharashtra Prohibition act, 1949 and thus not related to property or public at large. as such, on the basis of those two crimes, being private in nature, the petitioner cannot be externed.

6 Besides the oral submissions, learned Counsel for the petitioner has also relied upon following judgments:

(i) Karan Ramesh Ghuge Vs. Dy. Commissioner of Police, Zone-II, Nashik & others, reported in 2013 (4) Mh.L.J. (Cri.) 90;

(ii) Hanuman Rajaram Mhatre Vs. State of Maharashtra, reported in 2013 (2) Mh. L. J. (Cri.) 683; and

(iii) Hari Singh Vs. State of Maharashtra & others, reported in 1987 (3) Crimes (Bom.) 605.

7 On the contrary, on the basis of the affidavit-in-reply filed on behalf of Respondents, learned a. P. P. has strongly opposed the petition on the ground that serious crimes are registered against the petitioner involving offences against human body as well as offences involving illegal sale of liquor. Besides, there are confidential statements of the witnesses wherein it is mentioned that the petitioner is involved in criminal acts of threatening to the public at large and robbery, etc. as such, learned a. P