1 jg.cri.w.p.186.17.odt
THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL WRIT PETITION NO. 186 OF 2017
Manoj S/o. Uttamrao Patil
Age - 25 years, Occ. - Farmer,
R/o. Sawad, Tal. Arvi,
Distt. Wardha. ... Petitioner
VERSUS
(1) State of Maharashtra,
Through Secretary,
Department of Home,
Mantralaya, Madam Cama Road,
Mumbai 400032.
(2) Sub-Divisional Magistrate,
Office of the Superintendant of Police,
District Wardha.
(3) Sub-Divisional Police Officer,
Tah. Arvi, Dist. Wardha.
(4) Police Station Officer,
Police Station Kharangana,
Tah. Arvi, Dist. Wardha. ... Respondents
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Shri D. U. Thakare, Advocate for the petitioner
Shri M. K. Pathan, APP for the State/respondents
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CORAM : PRASANNA B. VARALE and
M. G. GIRATKAR, JJ.
DATE : 30/06/2017.
Judgment (Per : M.G. Giratkar, J) Heard Shri Thakare, learned counsel for the petitioner and ::: Uploaded on - 01/07/2017 ::: Downloaded on - 02/07/2017 01:33:28 ::: 2 jg.cri.w.p.186.17.odt Shri Pathan, learned Additional Public Prosecutor for the State/ respondents.
2. Rule. Rule made returnable forthwith.
3. By the present petition, the petitioner has challenged the impugned order dated 6-9-2016 passed by the respondent no. 2 by which the petitioner is externed from Wardha District for a period of one year. It is submitted by the petitioner that the respondent no. 2 without applying mind issued the impugned order, therefore, impugned order is liable to be quashed and set aside.
4. Respondents have filed reply and submitted that some of the companions of the petitioner had challenged the impugned order in Writ Petition Nos. 779/2016 and 784/2016 and those petitions are allowed by this Court and at last it is submitted that this Court may pass appropriate order in that regard insofar as present petition is concerned.
5. Shri Thakare, learned counsel for the petitioner has pointed out us common order passed by this Court on 21-12-2016 in Writ Petition No. 23/2016 and other writ petitions. From perusal of the impugned order, it appears that the petitioner was one of the member of gang. Various offences under Indian Penal Code and Schedule Castes ::: Uploaded on - 01/07/2017 ::: Downloaded on - 02/07/2017 01:33:28 ::: 3 jg.cri.w.p.186.17.odt and Scheduled Tribes (Prevention of Atrocities) Act are registered against the petitioner and others. One of the member of the gang namely, Ganesh Ramlakhansingh Bais filed Criminal Writ Petition No. 779/2016. Said writ petition came to be decided with other writ petitions by this Court and it is held that impugned order was passed without applying any mind and, therefore, quashed and set aside the same. In view of the judgment cited above, the impugned order is liable to be quashed and set aside. Accordingly, we allow the petition in terms of prayer clause (a).
JUDGE JUDGE
wasnik
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