1 wp581.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO. 581 OF 2017
Dhammadeep @ Dhamma Krishnarao Chimankar,
aged about 34 years, Occ. Labourer,
R/o. Siraspeth, Near Anand Boudha
Vihar, Nagpur ...... PETITIONER
...VERSUS...
1. State of Maharashtra,
through Divisional Commissioner,
Nagpur Division, Nagpur.
Off. At Old Secretariate Building,
Civil Lines, Nagpur.
2. State of Maharashtra,
Through Deputy Commissioner of Police,
Zone-IV, Nagpur City, Nagpur.
3. State of Maharashtra,
Through Police Station Officer,
P.S.Imamwada, Nagpur...... RESPONDENTS
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Shri O.K.Masurke, Advocate for Petitioner
Shri M.K.Pathan, APP for Respondents
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CORAM: R. K. DESHPANDE AND
M.G.GIRATKAR, JJ.
th
Date : 5 DECEMBER, 2017 .
JUDGMENT (P.C.)
Rule made returnable forthwith.
Heard finally by consent of the learned counsels appearing for the parties.
2] The challenge in this petition is to the order dated 08.02.2017 passed by the competent Authority ::: Uploaded on - 07/12/2017 ::: Downloaded on - 08/12/2017 03:12:13 ::: 2 wp581.17.odt externing the petitioner from the city of Nagpur for a period of three years under Section 57(1)(a)(v) of the Maharashtra Police Act. This order was challenged in Appeal No. 11 of 2017 and the Divisional Commissioner has dismissed the appeal on 23.05.2017. Hence, the said order is also the subject matter of challenge in this petition. 3] After hearing the learned counsels appearing for the parties and after going through the material referred to in the order of externment, we are of the view that the externment period can be reduced to one year as the petitioner has already undergone the period of 10 months of externment.
4] In view of above, writ petition is partly allowed. The orders impugned, challenged in this petition, are modified and the period of externment stands reduced to one year.
Rule is made absolute in above terms. No order as to costs.
JUDGE JUDGE
Rvjalit
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