1 criwp179.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 179 OF 2017.
Najimoddin Sharfuddin,
aged about 22 years, Occupation
Private, R/o Athawadi Bazar,
Daryapur, District Amravati. ... PETITIONER
VERSUS
1. State of Maharashtra,
through its Secretary,
Home Department,
Mantralaya, Mumbai-32.
2. The District Superintendent of Police,
Amravati, District Amravati.
3. Police Station Officer, Police Station,
Daryapur, District Amravati.
4. Sub Divisional Magistrate,
Daryapur, District Amravati. ... RESPONDENTS
....
Shri B.J. Lonare, Advocate for the petitioner.
Shri S.S. Doifode, Additional Public Prosecutor for the respondents.
....
CORAM : PRASANNA B. VARALE AND
M.G. GIRATKAR, JJ.
DATED : 16TH JUNE, 2017.
ORAL JUDGMENT : (Per Prasanna B. Varale, J.) Rule. Rule made returnable forthwith. Heard finally with the consent of the parties. Shri S.S. Doifode, the learned Additional Public Prosecutor waives notice on behalf of the respondents.
2. By way of present petition, the petitioner challenges the order ::: Uploaded on - 19/06/2017 ::: Downloaded on - 20/06/2017 00:41:14 ::: 2 criwp179.17 dated 19.09.2016 passed by the respondent No.4/Sub Divisional Magistrate, Daryapur, District Amravati thereby externing the petitioner for the period of two years from Amravati and Akola districts by exercising the powers under the provisions of Bombay Police Act, 1951.
3. A very limited issue is involved in the present petition. The sum and substance of the submission of Shri Lonare, the learned Counsel for the petitioner in challenge to the order impugned in the petition is that the order suffers from non application of mind and an excessive and arbitrary action of the authority concerned. Shri Lonare, the learned Counsel invites our attention to the material placed on record in the form of notice and the order passed by the authorities. The learned Counsel for the petitioner, by inviting our attention to the notice dated 17.05.2016 at Annexure-A, submits that in the notice, there is a reference of three offences registered against the petitioner at Daryapur Police Station. Shri Lonare, the learned Counsel then submits that while passing the order impugned in the petition, the authority though refers to these offences against the petitioner at Daryapur Police Station and a general statement is made in the order that as the activities of the petitioner are causing alarm, he is required to be externed from Amravati and Akola districts, again the authorities were required to refer the certain statements recorded. The statements of the witnesses recorded are also the witnesses from Daryapur, district Amravati. The learned Counsel for the petitioner then submits that there is absolutely no material either in the notice or in the order to show that the petitioner was required to be externed from Akola district. Thus, the learned Counsel for the petitioner submits that ::: Uploaded on - 19/06/2017 ::: Downloaded on - 20/06/2017 00:41:14 ::: 3 criwp179.17 on this particular aspect itself namely the non application mind of the authorities and excessive and arbitrary action of the authorities, the order impugned is clearly unsustainable. Shri Lonare, the learned Counsel for the petitioner places heavy reliance on the judgment of this Court in the case of Pappu @ Akhilesh Shivshankar Mishra .v. The State of Maharashtra and another (Criminal Writ Petition No.23 of 2017 and connected petitions decided on 21.12.2016).
4. Though Shri Doifode, the learned APP makes an attempt to support the order impugned in the petition, perusal of the reply filed by the State shows that there is absolutely no material whatsoever calling for an action of externment against the petitioner from Akola District, in our opinion, considering the material placed on record and in view of the judgment of this Court, the learned Counsel for the petitioner has made out a case for allowing the petition.
5. In the result, the writ petition is allowed. The order dated 19.09.2016 passed by the respondent No.4/Sub Divisional Magistrate, Daryapur, District Amravati is quashed and set aside.
Rule is made absolute in the aforesaid terms.
JUDGE JUDGE
*rrg.
::: Uploaded on - 19/06/2017 ::: Downloaded on - 20/06/2017 00:41:14 :::