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2022 Supreme(Bom) 1358

V.K.JADHAV, SANDIPKUMAR C.MORE
Farukh Khan – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
S.P. Brahme, Advocate, Ruchir S. Wani, Advocate, M.M. Nerlikar, Advocate

JUDGMENT

Sandipkumar C. More, J. - Rule. Rule made returnable forthwith. By consent of the parties, heard fnally at the stage of admission.

2. The petitioners have challenged the order dated 09.09.2021 passed by the Superintendent of Police, Nandurbar whereby the petitioners have been externed from the entire Nandurbar District for the period of two years. Further, the petitioners have also challenged the order dated 06.12.2021 passed by the learned Divisional Commissioner, Nashik Division, Nashik in Externment appeal No. 111/2021, whereby the earlier order dated 09.09.2021 is confrmed.

3. The background facts are as under :

The respondent through Police Inspector, Nandurbar Police Station had sent externment proposal in respect of the petitioners under Section 55 of the Maharashtra Police act (hereinafter referred to as 'the act') since it was found that all the petitioners were involved in serious criminal activities being a gang in the jurisdiction of Nandurbar city police station. Those criminal activities involved formation of unlawful assembly, use of dangerous weapon, commission of rioting, criminal trespass and the offences related to human body. Thereafter the Sub-Divisional P

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