1 jg.wp 932.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
Criminal Writ Petition No. 932 of 2017
Petitioner : Ramiz Raja Ansar Patel,
Aged about 26 years, Occ. : Private,
R/o Paradise Colony, Amravati
// Versus //
Respondents : (1) State of Maharashtra
Through Deputy Commissioner of Police,
Zone-1, Amravati.
(2) Assistant Commissioner of Police,
Gadgenagar Zone, Amravati.
Shri Mir Nagman Ali, Advocate for the petitioner
Mrs. M. H. Deshmukh, Additional Public Prosecutor for the respondents
CORAM : R. K. DESHPANDE AND
M. G. GIRATKAR, JJ.
Date of reserving the judgment : 13/11/2017. Date of pronouncing the judgment : 17/11/2017. Judgment (Per : M.G. Giratkar, J) Rule. Rule made returnable forthwith.
2. The petitioner has challenged the impugned order passed by the respondent no. 1 dated 7-9-2017.
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3. It is submitted that the petitioner is acquitted in one criminal case even though it is shown as pending against him. The show cause notice dated 17-2-2017 and 24-7-2017 were not disclosed the allegations made by the witnesses in in-camera statements. There was no opportunity for the petitioner to rebut the allegations, therefore, it is prayed to quash and set aside the impugned order.
4. Heard learned counsel Shri Ali for the petitioner and learned Additional Public Prosecutor Mrs. Deshmukh for the respondents. Learned counsel Shri Ali has placed reliance on the following judgments of this Court.
(1) Nitin @ Babloo s/o Bhagwant Gade Vs. Deputy Commissioner of Police, Amravati and ors. [2017 ALL MR (Cri) 1549], (2) Sanjay s/o Balasaheb Ruptakke Vs. The State of Maharashtra & Ors. [2017 ALL MR (Cri) 3983], (3) Sayyed Jafar Sayyed Nasir Vs. The Divisional Commissioner, Amravati [2017 ALL MR (Cri) 4303] and (4) Unreported judgment of this Bench in Criminal Writ Petition No. 77/2017 in the case of Kishor Sudhakar Khadse Vs. State of Maharashtra and ors. dated 22-3-2017.
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5. From the perusal of order of copy of judgment in Criminal Case No. 330/2016 placed on record at Annexure-IV, it is clear that the said case is decided by the Court and the petitioner is acquitted even though it is shown as pending. Therefore, in view of the judgment in the case of Nitin @ Babloo s/o Bhagwant Gade Vs. Deputy Commissioner of Police, Amravati and ors. cited supra, it is clear that the respondent no. 1 has not applied its mind while passing the impugned order.
6. No specific reference of in-camera statement was made in the show cause notice and, therefore, petitioner was not in a position to file his reply in view of the judgment in the case of Sanjay s/o Balasaheb Ruptakke Vs. The State of Maharashtra & ors. cited supra. It appears that passing reference is made about the allegations made by the witnesses' in-camera statements.
7. For the reasons stated above, it appears that the impugned order passed by the respondent no. 1 is liable to be quashed and set aside. Hence, we pass the following order :
(i) Writ petition is allowed.
(ii) The impugned order of externment dated 7-9-2017 passed by the respondent no. 1 is hereby quashed and set aside.
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8. Rule is made absolute in aforesaid terms with no order as to costs.
JUDGE JUDGE
wasnik
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