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2023 Supreme(Bom) 2215

VINAY JOSHI, VALMIKI SA MENEZES
Naushad Ali – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
R.J.Mirza, Advocate, V.A.Thakare, Advocate

JUDGMENT/ORDER

VALMIKI SA MENEZES, J. - Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel appearing for the parties.

2. By this writ petition, the petitioners seek to challenge the order of externment dtd. 31/10/2022 passed by the Superintendent of Police, Amravati Rural, Amravati in terms of the provisions of Sec. 55 of the Maharashtra Police Act, 1951 (For short, 'the Act'). The order of externment has been imposed on the petitioners for a period of one year from the date of passing of impugned order.

3. The main grounds on the basis of which the order of externment has been challenged are as under:

    a] That the show cause notice dtd. 26/09/2022 which formed the basis for passing of the impugned order, itself being issued more than a year after the last incident alleged against the petitioners in FIR No.456/2021 dtd. 25/06/2021, there was no live link between the offence alleged against the petitioners and the notice issued under Sec. 55 of the Act; thus, the respondent No.2 lacked the jurisdiction to proceed with any action under the Act;

b] That the essential jurisdictional facts required for exercising jurisdiction under Sec. 55 of the Act did

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