2025:BHC-AUG:26265-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO. 154 OF 2025

Ganesh Maroti Bore

Age-52 Years, Occupation - Private Coaching Classes

R/o Mathura Apartment, Near Tillubhai Garage,

Jalgaon Road, Bhusawal, Tal. Bhusawal, Dist. Jalgaon

At Present-C/o Ramesh Maroti Bore, Shriram Nagar,

Muktainagar, Tal. Muktainagar, Dist. Jalgaon ----PETITIONER

(Accused) VERSUS

1. The State of Maharashtra

Through The Secretary,

The Ministry of Home

Mantralay, Mumbai

2. The District Magistrate Jalgaon

The Collector Office Premises, Jalgaon

Tal. and Dist. Jalgaon

3. The Sub-Divisional Magistrate

Bhusawal Division, Bhusawal

SDO Office Premises, Bhusawal,

Tal. Bhusawal, Dist. Jalgaon

4. The District Superintendent of Police, Jalgaon

The Office of District Superintendent of Police

Opposite S. T. Bus Stand, Jalgaon Tal. and Dist. Jalgaon

5. The Sub-Divisional Police Officer, Bhusawal Division, Bhusawal Tal. Bhusawal, Dist. Jalgaon ----RESPONDENTS Mr. M. M. Bhokarikar, Advocate for petitioner Ms. P. R. Bharaswadkar, APP for respondent Nos. 1 to 5 CORAM :Smt. Vibha Kankanwadi &

Hiten S. Venegavkar, JJ.

DATE : 16^th September, 2025 JUDGMENT (PER : Hiten S. Venegavkar, J) :- 1. Rule. Rule made returnable forthwith.

2. With the consent of all the parties, the petition is taken up for final hearing at the stage of admission itself.

3. The present criminal writ petition is filed under Article 226 and 227 of the Constitution of India seeking to quash and set aside show-cause notice dated 15.07.2024 issued under Section 56(1)(a)(b) of The Maharashtra Police Act, 1951 by respondent No. 3 Sub-Divisional Magistrate, Bhusawal Division, Bhusawal. The consequential order of externment purportedly passed thereafter is also sought to be quashed and set aside even though the copy of the same is not annexed to the present petition by the petitioner on the ground that the same was never served or communicated to the petitioner. Thus, by way of present petition petitioner seeks protection of his fundamental rights guaranteed under Article 21 of the Constitution of India contending that the entire externment precedence are vitiated by malafides, procedural irregularities and non application of mind by the Externment Authorities especially respondent Nos. 2, 3 and 4.

4. The factual matrix leading to filing of this petition is not in serious dispute. On 14.06.2023, First Information Report (for short “F.I.R”) bearing No. 114 of 2023 was registered with Bhusawal Police Station mainly under the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for Short “S.C.S.T. Act”) against the petitioner. The petitioner was arrested on the same day and was subsequently enlarged on bail by the Special Court by its order dated 03.07.2023. The investigation culminated in filing of charge sheet dated 09.08.2023 and thus the trial bearing Special Case No. 108/2023 is pending. The petitioner in his petition has given several incidences showing existence of a history between the petitioner and the informants who have lodged cases against him. The pleadings also demonstrate that petitioner has also filed several cross complaints not only against the informants and his family members but also against several Government officials. According to the petitioner, this is the root cause for the authorities to malafidely initiate externment action against him. Thus, in brief, the contention of the petitioner is that the externment proceedings is result of retaliation by the Government officials so as to silence and harass the petitioner.

5. According to the petitioner, the report recommending externment was prepared on 26.06.2024 and was submitted to Sub Divisional Police Officer on 01.07.2024. The show-cause notice came to be issued on 15.07.2024 to which the petitioner had submitted a written reply on 04.10.2024. According to the petitioner, the written reply was forwarded to the office of respondent No. 3 by speed post and it was delivered and re