1 crwp559.16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO.559/2016
Deepak Ramkrushna Ghanchekar,
aged 32 years, Occ. Business,
r/o Godhani Railway, Mhada Colony Road,
Near Mata Mandir, Tq. Dist. Nagpur. .....PETITIONER
...V E R S U S...
1. Deputy Commissioner of Police,
Zone II, Nagpur
2. Assistant Commissioner of Police,
Panchpaoli Division, Panchpaoli,
Nagpur.
3. The Police Inspector, Police Station,
Koradi, Nagpur. ...RESPONDENTS
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Mr.Waghmare,Adv. holding for Mr. D.S.Shrimali, Adv. for petitioner.
Mr. V. A. Thakare, A.P.P. for respondent nos. 1 to 3.
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CORAM:- B. P. DHARMADHIKARI AND
V. M. DESHPANDE, JJ.
DATED :- MARCH 29, 2017 ORAL JUDGMENT (Per : B. P. Dharmadhikari, J.)
1. Rule. Rule returnable forthwith. Heard finally by consent of the parties.
2. Heard Mr. Waghmare, Advocate holding for Mr. Shrimali, learned counsel for the petitioner and the learned A.P.P. for the respondents-State. Perused the reply. Mr. Waghmare, upon instructions, prays for a lenient view in the matter. He relies upon a judgment of the ::: Uploaded on - 30/03/2017 ::: Downloaded on - 31/03/2017 01:01:24 ::: 2 crwp559.16.odt learned Single Judge of this Court in Abdul Wasim s/o Mohammad Faruq Musalman .vs. State of Maharashtra & anr.; 1998 (1) Mh. L. J. 157, and particularly paragraph (6) thereof.
The learned A.P.P. submits that there are no legal grounds raised and the order is just and proper.
3. In the reported judgment, considering the young age of 18 years, a lenient view was taken and the period of externment was reduced. Here, the petitioner is about 32 years old. He has been externed from the limits of Nagpur city and Nagpur rural areas for a period of 2 years.
4. Perusal of the impugned order reveals that in the second chart, the details of prohibitory/preventive actions taken against the petitioner are mentioned. The offences disclosed therein are registered at Police Station, Koradi, Nagpur rural. They are of the period from 2010 to 2015. Only one preventive action under Section 110 (e) (g) of the Cr.P.C. is taken in the year 2015.
In the first chart, there are total five offences. All those offences are of the years 2008, 2012, 2013 and 2014, respectively. The show cause notice was issued on 23.04.2015 and the impugned order has been passed on 22.07.2015.
5. In this situation, as the offences are only in relation to one Police Station, for the remaining period of externment, the order of externment is modified. The petitioner is restrained from entering into ::: Uploaded on - 30/03/2017 ::: Downloaded on - 31/03/2017 01:01:24 ::: 3 crwp559.16.odt the limits of Police Station, Koradi only. The order of externment is modified to that extent.
The writ petition is partly allowed and disposed of accordingly. Rule is made absolute in the aforesaid terms.
(V. M. Deshpande, J.) (B. P. Dharmadhikari, J.) kahale ::: Uploaded on - 30/03/2017 ::: Downloaded on - 31/03/2017 01:01:24 :::