Back
S. G. MEHARE
Deepak S/o Kailas Aglave – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
1. Rule. Rule is made returnable forthwith and the petition was heard finally with the consent of respective counsels.
2. The petitioner has impugned the externment order of Sub Divisional Magistrate Parbhani, dated 19.03.2024 passed in Case No.2024/BPA/XTN/CR-286 and the order of the Divisional Commissioner Aurangabad, Chhatrapati Sambhajinagar passed in Appeal No.2024/GA/D-1/POI-1/Externment/CR-48 dated 28.05.2024.
3. As per the prosecution, the first crime against the applicant for the offences punishable under Sections 323, 324, 504, r/w 34 of the Indian Penal Code was registered on 30.1.2016. The second was registered on 25.09.2020 for the offences punishable under Sections 452, 504 and 506 of the Indian Penal Code. Third was registered on 03.01.2021 for the offences punishable under Sections 336, 337, 427, 504, 506, r/w 34 of the Indian Penal Code. The fourth crime was registered on 04.01.2021 for the offences punishable under Sections 452, 427, 504, 506, 143, 144, 147, 148, 149 of the Indian Penal Code r/w 4/25 of the Arms Act, and the fifth was registered on 22.01.2022 for the offences punishable under Sections 354, 354-D, 504 and 506 of the Indian Penal Code. The c
The court established that externment orders require a clear connection to recent criminal activity and strict adherence to procedural safeguards to protect individual liberties.
Externment orders must be based on objective material and specific reasons; failure to consider bail status and due process renders such orders invalid.
The main legal point established in the judgment is the necessity for the authority to demonstrate the satisfaction required for externment under Sec. 56(1)(a)(b) of the Maharashtra Police Act, as hi....
Externment orders under the Maharashtra Police Act must be supported by objective evidence and cannot infringe upon the fundamental right to free movement without justifiable grounds.
If old offences are pending against the petitioner and in case, the live link is not established between the initiation of externment proceedings and said pending old offences, in that case, the orde....
Externment orders must demonstrate a clear live-link between recent activities and the necessity for such measures.
The subjective satisfaction for externment must be based on objective material, and the order must pass all legal tests, including strict compliance with the relevant act and consideration of extraor....
The court upheld the externment under the Maharashtra Police Act but limited its scope to specific talukas, balancing public safety with individual rights.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
