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crwp 1107.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO.1107 OF 2021

Sandip @ Sandy Premnath Bamne,

age 32 years, Occ. Business,

R/o Sai Corner, Parbhani,

Tq. & District Parbhani

...Petitioner...

Versus

1.

The State of Maharashtra

2.

The Superintendent of Police,

Parbhani, District Parbhani.

3.

The Divisional Commissioner,

Aurangabad Division,

Aurangabad.

..Respondents..

...

Advocate for Applicant : Mr. S.S. Jadhav

APP for Respondents : Mr. K S Patil

...

CORAM : V.K. JADHAV & SANDIPKUMAR C. MORE, JJ.

...

Reserved on : December 21, 2021

Decided on : January 03, 2022

...

ORDER :- ( Per V. K. Jadhav, J.)

1.

Heard fnally with the consent of parties at

admission stage.

2.

By way of this criminal writ petition, the petitioner

is taking exception to the judgment and order dated

30.8.2021 passed by the learned Divisional

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crwp 1107.2021.odt

Commissioner, Aurangabad in externment proceeding

O.No.2021/MAG/EXT./CR arising out of the judgment

and order passed by the Sub Divisional Magistrate,

Parbhani, District Parbhani dated 15.2.2021 in

externment proceeding no.4 of 2020.

3.

On 16.9.2020 the police station, Nanalpeth,

Parbhani has submitted the proposal for externment of

the petitioner to the Sub-Divisional Magistrate, Sub

Division, Parbhani, District Parbhani. In consequence

of that, the Sub-Divisional Magistrate, Parbhani has

issued a show cause notice to the petitioner dated

2.1.2021 under section 59 of the Maharashtra Police

Act, 1959 calling upon him to show cause as to why

pursuant to the aforesaid proposal, he should not be

externed under section 56 (1) (a) (b) of the Maharashtra

Police Act. In terms of the proposal submitted by the

Nanalpeth Police Station, Parbhani, the show cause

notice as aforesaid has been issued to the petitioner by

referring four crimes registered against him. In

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crwp 1107.2021.odt

response to the said notice, the petitioner has appeared

before the authority and submitted his say.

4.

By order dated 15.2.2021, after giving an

opportunity of being heard to both the sides, the Sub-

Divisional Magistrate, Parbhani Sub Division, District

Parbhani has rejected the proposal of the externment.

5.

Being aggrieved by the said order dated 15.2.2021

passed by the Sub Divisional Magistrate, Sub Division

Parbhani, District Parbhani, the police station

Nanalpeth has preferred an appeal under section 60 of

the Maharashtra Police Act before the Divisional

Commissioner, at Aurangabad. After hearing both the

sides, the learned Divisional Commissioner, Aurangabad

by the impugned order dated 30.8.2021 allowed the

appeal and thereby externed the petitioner for a period

of one year from the date of judgment from Parbhani

Taluka. Hence, this writ petition.

6.

Learned counsel for the petitioner submits that so

far as the crimes/cases at serial numbers 1 and 2 as

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referred in the externment order i.e. crime no.182 of

2010 and crime no.2 of 2015 are not only stale

prosecution but also attained the fnality. Learned

counsel submits that, in crime no.182 of 2010 summary

report was fled, whereas in crime no.2 of 2015 criminal

Court has passed the judgment and order of acquittal.

Learned counsel submits that so far as the cases at

serial numbers 3 and 4 which are of the year 2019 and

2020 are concerned, those cases are pending the trial

and material against the petitioner in those cases is

extremely scanty. Learned counsel submits that though

the learned Divisional Commissioner, Aurangabad has

observed in the impugned judgment and order that

acquittal on account of