1 WP914-16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Criminal Writ Petition No.914/2016
...
Sapan Satish Mandal,
Aged 42 years,
Occupation: Agriculturist,
Presently R/o C/o Subar Kayal,
At Pakhanjur, Tah. Pakhanjur,
Distt. Kanker, (Chhatisgarh). .. PETITIONER
.. Versus ..
1. State of Maharashtra,
through Sub Divisional Magistrate,
Chamorshi, Dist. Gadchiroli.
2. Police Station Officer,
Police Station Chamorshi,
Dist. Gadchiroli. .. RESPONDENTS
Mr. R.R. Vyas, Advocate for Petitioner.
Mr. J.Y. Ghurde, APP for Respondents.
....
CORAM : B.R. Gavai & Kum. Indira Jain, JJ.
DATED : March 20, 2017.
ORAL JUDGMENT (per B.R. Gavai, J. )
1. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for the parties. ::: Uploaded on - 22/03/2017 ::: Downloaded on - 23/03/2017 00:59:55 :::
2 WP914-16.odt
2. The petitioner has approached this Court being aggrieved by the order passed by respondent no.1 dated 19.11.2016 thereby externing the petitioner from the districts of Chandrapur, Gadchiroli, Bhandara and Gondia.
3. The perusal of the material placed on record would reveal that the alleged activities of the petitioner are alleged to have been committed within the jurisdiction of Chamorshi Police Station. However, the petitioner has been externed from four districts i.e. Chandrapur, Gadchiroli, Bhandara and Gondia. The Division Bench of this Court to which one of us (Kum. Indira Jain, J.) is a party, has held that when the authorities passed an order externing the person from the areas which have no nexus with his alleged activities, then the order suffers from non-application of mind.
4. We find that the present petition deserves to be allowed on this short ground. Rule is, therefore, made absolute by quashing and setting aside the impugned order dated 19.11.2016.
(Kum. Indira Jain, J. ) (B.R. Gavai, J.) ...
halwai/p.s.
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