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2023 Supreme(Bom) 385

G. A. SANAP
Sheikh Munnu Sheikh Salim – Appellant
Versus
Divisional Commissioner, Amravati Division, Amravati – Respondent


Advocates Appeared:
For the Petitioner: Mr. A. K. Bhangde.
For the Respondents: Mr. H. D. Dubey.

JUDGMENT :

1. Heard.

2. RULE. Rule made returnable forthwith. Heard finally with the consent of the learned Advocates for the parties.

3. In this writ petition, the petitioner has challenged the order of his externment dated 12.07.2021 passed by respondent no.2 - Dy. Commissioner of Police, Zone-I, Amravati City, Amravati as well as the order dated 08.03.2022 passed by respondent no.1 – Divisional Commissioner, Amravati Division, Amravati, whereby the respondent no.1 confirmed the order of externment in appeal.

4. The respondent no.2, by invoking the provisions of Section 56 Sub-section (1), clauses (a)&(b) of the Maharashtra Police Act, 1951 (hereinafter referred to as “the Act of 1951” for short), ordered externment of the petitioner and directed him to remove himself outside the limits of Amravati District for a period of two years. In order to arrive at subjective satisfaction to warrant the order of externment against the petitioner, the respondent no.2 relied upon five crimes registered against the petitioner at Nagpuri Gate and Badnera police station, Amravati. The details of

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