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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO.570 OF 2017
Dinesh s/o. Gajanan Kawle,
Aged about 24 years, r/o. Lahan
Umri, Akola, Tq. and Distt. Akola. .......... PETITIONER
// VERSUS //
1.Superintendent of Police,
Akola, Tq. and Distt. Akola.
2.Sub-Divisional Police Officer,
Akola City, Tq. & Distt.
Akola.
3.Divisional Commissioner,
Amravati. .......... RESPONDENTS
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____________________________________________________________
Mr.H.R.Gadhia, Advocate for the Petitioner.
Mrs. M.H.Deshmukh, A.P.P. for Respondent Nos. 1 to 3.
____________________________________________________________
CORAM : R.K.DESHPANDE
AND
M.G.GIRATKAR, JJ.
DATED : 19th December, 2017.
ORAL JUDGMENT (Per R.K.Deshpande, J) :
1. Rule returnable forthwith. Heard finally with the consent of the learned Counsel for the respective parties.
2. A show cause notice was issued to the petitioner by respondent no.1 on 1.8.2016 proposing to extern the petitioner from the Municipal limits of Cities of Akola, Washim, Amravati, Yavatmal and Buldana districts for a period of two years. In the show cause notice, a reference was made to the prosecution pending against the petitioner in three different Courts for various offences including the offences punishable under Sections 302, 324, 341, 504, 147, 148 and 149 etc. of the Indian Penal Code and under Section 4 and 25 of the ::: Uploaded on - 20/12/2017 ::: Downloaded on - 23/12/2017 02:01:52 ::: 3 wp570.17.odt Arms Act. The petitioner replied to the said show cause notice pointing out that he was acquitted from all the offences. The order passed u/s.55 of the Maharashtra Police Act, 1951 shows that the cases are pending against the petitioner. In the appeal, the Divisional Commissioner, Amravati, in his order dt.20.5.2017, recorded the finding that the petitioner was acquitted from all the proceedings on 24.9.2015, 22.3.2016 and 30.1.2016. However, he confirms the order passed by the District Superintendent of Police on 26.8.2016 in exercise of his apparent jurisdiction under Section 60 of the Maharashtra Police Act, 19, 1951.
3. In view of the undisputed factual position that the petitioner is acquitted of the offences mentioned above, the order of externent impugned in the petition cannot be sustained. It is based on extraneous material. Hence, the same will have to be quashed and set aside.
4. In view of the above, the Writ Petition is allowed. The order dated 26.8.2016 passed by the Superintendent of Police, Akola/respondent no.1 and the order dated 20.5.2017 passed by the ::: Uploaded on - 20/12/2017 ::: Downloaded on - 23/12/2017 02:01:52 ::: 4 wp570.17.odt Divisional Commissioner, Amravati/respondent no.3 impugned in this petition are quashed and set aside.
Rule is made absolute in the above terms. No order as to costs.
JUDGE JUDGE [jaiswal] ::: Uploaded on - 20/12/2017 ::: Downloaded on - 23/12/2017 02:01:52 ::: 5 wp570.17.odt ::: Uploaded on - 20/12/2017 ::: Downloaded on - 23/12/2017 02:01:52 :::