JUDGMENT :-

. Instant Petition impugned the Order dated 11^th January 2024, passed by the Respondent No.3 thereby the Petitioner has been externed from the limits of Mumbai City, Mumbai Suburbans and Thane for a period of 18 months and the Order dated 12^th April, 2024 thereby Externment Appeal No.24 of 2024 filed by the Petitioner assailing the Order of Externment has been dismissed by Respondent No.2.

1.1) Petition is opposed by the Respondents with an Affidavit of Navnath Dhavale, Deputy Commissioner of Police, Zone-VI, Mumbai.

2) Heard.

3) Rule. Rule is made returnable forthwith. Heard finally with the consent of the learned Advocate and the learned APP.

4) Facts in brief are that, in view of certain cognizable and non-cognizable crimes registered against Petitioner and in-camera statement of two confidential witnesses ‘A’ and ‘B’, the Senior Police Inspector of Gowandi Police Station, found that in certain areas the Petitioner has committed serious offences of causing grievous hurt, causing hurt by means of dangerous weapon in furtherance of the common intention with his associates, threatening, intentional insult to provoke breach of peace, damage to property, which offences have been covered by Section 56 (1) (a) (b) of the Maharashtra Police Act of 1951 (‘the Act’, for short). Therefore, the Sr. Inspector sent a proposal on 9^th November 2023 and thereby requested for externment of the Petitioner. In turn, the Respondent No.3 sent that proposal for inquiry by the Assistant Commissioner of Police, Chembur Division (‘the ACP”, for short) along with a notice dated 23^rd November 2023 thereby calling upon the Petitioner to show cause as to why he should not be externed as proposed. The Petitioner attended before the ACP on 28^th November, when his preliminary statement came to be recorded. On 11^th December, 2023 the Petitioner submitted his written reply to the notice, enclosing supporting documents and denied the allegation, but he did not produce any witness of his defence. On appraisal of material, the ACP found that a case is made out to extern the Petitioner. Hence, on 12^th December 2023, the ACP returned the said proposal to the Respondent No.3 along with his advice to extern the Petitioner for a period of two years. As a result, the Respondent No.3 issued a letter for hearing. In response, Petitioner attended before the Respondent No.3 and he was heard. Thereafter, Respondent No.3 evaluated the material before him and considered the submissions of the Petitioner. Finally, Respondent No.3 concurred with the advice of the ACP and passed the impugned Order of Externment dated 11^th January, 2024. In this regard the Respondent No.3 has considered the following cognizable and non- cognizable offences registered against the Petitioner, preventive actions taken against him and the in-camera statement of two confidential witnesses.

Cognizable Offences :-

Sr. N0.	Police Station	Crime Regn. Nos. and Sections	Date of Regn.	Court Case No.	Status
1	Chembur	560/2007, Sec. 324, 34 IPC r/w. 37 (1) (a), 135 Maharashtra Police Act	23/12/2007	679/pw/2008, dt.17/05/2008	Acquitted
2	Chembur	55/2008, Sec.326, 34 IPC,	9/2/2008	1816/PW/2008	Subjudice
3	G owandi	253/2012, Sec.324,323, 504, 427, 34, IPC	28/11/2012	767/PW/2013 dt.02/05/2013	Subjudice
4	G owandi	152/2020, Sec.326, 323, 504, 34 IPC	19/7/2020	871/PW/2021 dt.09/04/2021	Subjudice
5	G owandi	351/2023, Sec.324, 323, 504, 506,34 IPC	11/9/2023		Under Investigation

Non-Cognizable Offences :-

Sr.No.	Police Station	N.C.Regn. No.	Sections
1	Gowandi	563/2016	IPC Section 506
2	Gowandi	175/2017	IPC Sections 504, 506
3	Gowandi	901/2017	IPC Section 506
4	Gowandi	931/2018	IPC Sections 504, 506
5	Gowandi	941/2018	IPC Section 504

Details of Preventive actions :-

Sr. No.	Police Station	Chapter Case No.	Section	Information
1	Gowandi	13/2012	Section 110 of Cr.P.C.	Not available on record
2	Gowandi	04/2019	Section 107 of Cr.P.C.	Bond of Rs.5000/- was taken for one

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