1 jg.cri.wp.972.17.odt
THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
CRIMINAL WRIT PETITION NO. 972 OF 2017
Banty S/o Ramdas Larokar
Age : 27 yrs ; Occu. : Laborer
R/o Ambadevi Ward, Ekarjuma,
Dist. Chandrapur - 442907 ... Petitioner
VERSUS
State of Maharashtra
Through Sub-Divisional Magistrate ;
Warora (Chandrapur) ... Respondent
-------------------------------------------------------------------------------------------------
Shri A. C. Jaltare, Advocate for the petitioner
Shri S. S. Doifode, Additional Public Prosecutor for the respondent
-----------------------------------------------------------------------------------------------------------------------
CORAM : R. K. DESHPANDE AND
M. G. GIRATKAR, JJ.
DATE : 06/12/2017. Oral Judgment (Per : R. K. Deshpande, J.)
Rule made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.
2. The order of externment passed under Section 56(1)(a)(b) of the Maharashtra Police Act externing the petitioner for a period of two years from the City of Chandrapur is the subject matter of challenge. The order takes into consideration not only the offences of ::: Uploaded on - 08/12/2017 ::: Downloaded on - 10/12/2017 01:35:14 ::: 2 jg.cri.wp.972.17.odt Indian Penal Code but also the offences under the Maharashtra Prohibition Act, the Maharashtra Police Act, the Criminal Procedure Code and the Arms Act. In-camera statements have been recorded were not referred to in the show cause notice and these facts are not at all disputed.
3. In view of the facts that the order takes into consideration extraneous offences and fails to provide an opportunity to the petitioner to provide his explanation in respect of in-camera statements which were not referred to in the show cause notice, we have no option but to set aside the impugned order.
4. In the result, the writ petition is allowed. The order dated 31-7-2017 passed by the Sub-Divisional Magistrate, Warora is quashed and set aside.
5. Rule is made absolute in aforesaid terms with no order as to costs.
JUDGE JUDGE
wasnik
::: Uploaded on - 08/12/2017 ::: Downloaded on - 10/12/2017 01:35:14 :::