1 WP 2283-21-Judgment.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO.2283 OF 2021

Mr. Noorlen @ Noor Umar Khan

]

Age – 25 years, Occ. : Nil

]

Residing at Masjid Chawl, Rajendra Nagar,

]

Borivali (East)

]

… Petitioner

Versus

1. The Divisional Commissioner,

]

Kokan Division, Old Sachivalay, 1^st floor,

]

Next to Elphinstone College, Kalaghoda,

]

Fort, Mumbai – 400 032.

]

2. The Deputy Commissioner of Police,

]

Zone-XII, Dahisar (East), Mumbai.

]

3. The State of Maharashtra

]

… Respondents

Mrs. Veena J. Kamble for Petitioner.

Mr. K. V. Saste, APP for State.

CORAM :-

S. S. SHINDE &

N. J. JAMADAR, JJ.

RESERVED ON :- 1 1 AUGUST

, 2021

PRONOUNCED ON :- 07

SEPTEMBER

, 2021

JUDGMENT (PER :

N. J. JAMADAR

, J.)

:-

1.

Rule. Rule made returnable forthwith. With the consent of

learned Counsel for the parties, heard finally.

2.

The challenge in this petition is to an order dated

23/03/2021 in Appeal No.16/2021 passed by the Respondent No.1

URS 1 of 9

UMESH

RAMESH

SHINDE

Digitally

signed by

UMESH

RAMESH

SHINDE

Date:

2021.09.07

14:40:49

+0530

2 WP 2283-21-Judgment.odt

whereby the appeal preferred by the Petitioner against the externment

order bearing No. 50$lh$43$ifj-12$21 dated 21/01/2021, passed by the

Respondent No.2, came to be dismissed.

3.

The petition arises in the backdrop of the following facts :

(a)

An externment proceeding was initiated against the Petitioner

at the instance of Kasturba Marg Police Station, Mumbai, on the

premise that the movements and acts of the Petitioner were causing

or calculated to cause alarm, danger or harm to person or property

and that there were reasonable grounds for believing that the

Petitioner was engaged or was about to be engaged in the

commission of offences involving force or violence or offences

punishable under Chapters XVI and XVII of the Indian Penal Code,

1860 (for short, ‘Penal Code’) and the witnesses were not willing to

come forward to give evidence in public against the Petitioner for the

fear of reprisal.

(b)

A show-cause notice was issued to the Petitioner on

01/10/2020. The sponsoring authority alleged therein that two

offences were registered against the Petitioner at Kasturba Marg

Police Station. First, C.R.No.126/2019 for the offences punishable

under Sections 326, 324, 323, 504 and 506 r/w Section 34 of the

URS 2 of 9

3 WP 2283-21-Judgment.odt

Penal Code. Second, C.R.No.780/2020 for the offences punishable

under Sections 326, 324, 323, 504 and 506 r/w Section 34 of the

Penal Code. Preventive action was also initiated under Section 107

of Cr.P.C., 1973. However, the Petitioner continued to indulge in

criminal activities with impunity. It was further alleged that on

account of reign of terror created by the Petitioner, witnesses were

not willing to come forward to give evidence against the Petitioner in

public as they feared for the safety of their life and property. Hence,

in-camera statements of two witnesses were recorded. It transpired

that the Petitioner, alongwith his associates, was committing offences

armed with deadly weapons and extorting money from innocent and

unsuspecting persons within the jurisdiction of Kasturba Marg Police

Station. Hence, it was proposed to extern the Petitioner from the

limits of Mumbai city and suburban and Thane districts for 2 years.

The Petitioner gave reply to the