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2023 Supreme(Bom) 386

G. A. SANAP
Paramjitsingh @ Jentil Sardar, S/o. Gurucharansingh Lohiya – Appellant
Versus
State of Maharashtra, Through Divisional Commissioner, Nagpur – 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 11.04.2022 passed by respondent No.2 - Dy. Commissioner of Police, Zone-3, Nagpur City, Nagpur as well as the order dated 13.10.2022 passed by respondent No.1 – Divisional Commissioner, Nagpur Division, Nagpur, 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 Nagpur 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 seven crimes registered against the petitioner at Panchpaoli police station, Nagpur. The details of the crimes are as under

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