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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO. 1057 OF 2017
Prafulla Vitthalrao Dapurkar,
aged about 24 years, Occ. Agriculturist,
R/o. Zenda Chowk, Ner Pinglai,
Tq. Morshi, Distt. Amravati ....... PETITIONER
...VERSUS...
1] The Sub Divisional Police Officer,
Morshi, Tq. Morshi, Distt. Amravati.
2] Sub Divisional Magistrate/Officer,
Morshi, Tq. Morshi, Distt. Amravati. ...... RESPONDENTS
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Shri P.R.Agrawal, Advocate for the petitioner.
Shri S.S.Doifode, APP for respondents State
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CORAM: R. K. DESHPANDE AND
M.G.GIRATKAR, JJ.
th
Date : 20 DECEMBER, 2017 .
JUDGMENT (P.C.)
Rule made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties. 2] The order of externment for a period of two years from the Municipal limits of District Amravati passed on 13.10.2017 is the subject matter of challenge in this petition. ::: Uploaded on - 21/12/2017 ::: Downloaded on - 23/12/2017 02:10:40 :::
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3] The order of externment is passed in exercise of
the powers conferred under Section 56(1)(b) of the Maharashtra Police Act. One of the necessary ingredients of Section 56(1)(b) is that the authorities must form an opinion that the witnesses are not willing to come forward to give evidence in public against such person by receiving an apprehension on their part as regards the safety of their person or property. The requirement is mandatory. This is not found in the order. We do not find any material on record to substantiate this part of the provision. Except stating the prosecution pending against the petitioner in different Courts for different offences and the orders of prohibitory nature passed against the petitioner, we do not find the live link to substantiate the order of externment. 4] Though, in the order no reference is made to in- camera statement said to have been recorded, in the reply filed by the respondents in response to the present petition, reference is made to it. No opportunity was provided to the petitioner to respond the allegations in the show cause notice. Apart from this, the petitioner was acquitted in crime No. 81 of 2007 under Section 324 of Indian Penal Code, but ::: Uploaded on - 21/12/2017 ::: Downloaded on - 23/12/2017 02:10:40 ::: 3 criwp1057.17.odt the order impugned show that the proceeding is pending. 5] In view of aforesaid position, it is not possible for us to sustain the order of externment and the petition needs to be allowed.
6] In the result, writ petition is allowed. The order of externment passed on 13.10.2017 by the respondent No.2 is hereby quashed and set aside.
Rule is made absolute in above terms. No order as to costs.
JUDGE JUDGE
Rvjalit
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