32_wp.2460.2021(J).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE

CRIMINAL WRIT PETITION NO.2460 OF 2021

Shailesh Chaganrao Pawar

age: 31 years, Occ.: Business

r/at. C.11/16, Sambhajinagar,

Dhankawadi, Pune

… Petitioner

Vs.

1. State of Maharashtra

2. Divisional Commissioner, Pune

Council Hall, Camp, Pune.

3. Deputy Commissioner of Police

Zone – 2, Pune

4. Assistant Commissioner of Police

Swargate Division, Pune, Maharashtra

5. Senior Police Inspector

Sahakarnagar Police Station,

638, Kamble Path

Pune, Maharashtra

… Respondents

Mr.Abhishek R. Avachat for the Petitioner

Mr.V.B. Konde-Deshmukh, APP for Respondent – State

CORAM: S.S. SHINDE &

N.J. JAMADAR, JJ.

JUDGMENT RESERVED ON: JULY 23, 2021

JUDGMENT PRONOUNCED ON: JULY 27, 2021

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Sherla V.

32_wp.2460.2021(J).doc

JUDGMENT (PER S.S. SHINDE, J.):

1.

Rule. Rule made returnable forthwith with the consent of the

learned Counsel appearing for the parties and heard finally.

2.

The petition is filed seeking the following substantive relief:

“b.

The order, dated 22/06/2021, of The Divisional

Commissioner,Pune passed in Externment Appeal (No-

140/2020) and also the order, dated 06/11/2020, of the

Deputy commissioner of police, zone 2, Pune, passed in

Externment case (order no.18/2020) may kindly be quashed

and set-aside;”

3.

It is the case of the petitioner that on 5.8.2020, the Assistant

Commissioner of Police, Swargate Division, Pune issued a show-

cause notice under section 56 of the Maharashtra Police Act, 1951

proposing the externment of the petitioner for a period of two years

from the jurisdiction of Pune Commissionerate, Pimpri-Chinchwad

Commissionerate, Pune city and the entire district. The enquiry

was conducted by the Assistant Commissioner of Police, Swargate

Division, Pune. He submitted a report to the Deputy

Commissioner of Police, Zone 2, Pune. On 6.11.2021, the Deputy

Commissioner of Police, Pune ordered externment of the petitioner

for a period of 2 years from the jurisdiction of Pune

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Commissionerate, Pimpri-Chinchwad Commissionerate, Pune city

and the entire district.

4.

Being aggrieved by the said order, the petitioner filed an

appeal before the Divisional Commissioner, Pune (Revenue),

Pune Division, Pune. The said appellate authority partly allowed

the appeal by order dated 22^nd June, 2021 thereby curtailing the

period of externment from two years to one year. Being aggrieved

by both the orders, this petition is filed.

5.

Learned Counsel appearing for the petitioner submits that,

there is no discussion in the impugned order showing a live link

between the offences registered against the petitioner, which are

mentioned in the impugned order and initiation of the externment

proceedings against the petitioner. It is submitted that out of

seven offences, the petitioner has been acquitted from four

offences and only three offences were remaining by the time the

externment proceedings were concluded by the first authority. It is

submitted that in the offence registered as C.R. No.169 of 2012 at

Rajgad police station, the petitioner has been acquitted. The

learned Counsel invited our attention to the alleged in-camera

statements recorded by the concerned authorities and submitted

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that there are no material particulars of the said incidents, as

alleged in the statements, as to the date and time they had taken

place. It is submitted that the concerned authorities failed to

establish a live link between the offences pending against the

petitioner wherein investigation/trial is pending and it has any

nexus with the initiation of externment proceedings against the

petitioner. Therefore, the learned Counsel appearing for the

petitioner submits that the petition deserves to be allowed.