Judgment apl500.22
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] NOS. 500 & 501 OF 2022.
........
CRIMINAL APPLICATION [APL] NO.500/2022.
Pawan s/o Shishupal Pariwale,
Age 30 years, Occupation - Labour,
resident of Kandli, Paratwada,
Taluq Achalpur,
District Amravati. ... APPLICANT.
VERSUS
1.State of Maharashtra,
through Police Station Officer,
Police Station Paratwada,
District Amravati.
2.Manoj s/o Avachitram Kadam,
Age 57 years, Occupation - Service,
Police Sub Inspector, Police Station
Paratwada, District Amravati. ... NON-APPLICANTS
WITH
CRIMINAL APPLICATION [APL] NO.501/2022.
Pawan s/o Shishupal Pariwale,
Age 30 years, Occupation - Labour,
Rgd.
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Judgment apl500.22
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resident of Kandli, Paratwada,
Taluq Achalpur,
District Amravati. ... APPLICANT.
VERSUS
1.State of Maharashtra,
through Police Station Officer,
Police Station Paratwada,
District Amravati.
2.Vinod s/o Ramkrushna Raut,
Age 51 years, Occupation - Service,
Police Head Constable, Police Station
Paratwada, District Amravati. ... NON-APPLICANTS
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Mr. P.R. Agrawal, Advocate for the Applicant.
Mr. N.R. Rode, A.P.P. for Non-applicant No.1-State.
None for Respondent No.2 - Served
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CORAM : VINAY JOSHI AND
VALMIKI SA MENEZES,, JJ.
DATE : JULY 06, 2023
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard.
Admit. By consent of the learned Counsel present for the Rgd.
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Judgment apl500.22 3 parties, Criminal Applications are taken up for final disposal. Though Non-applicant no.2 in both the application are served, they have chosen to remain absent.
2. Both applications have highlighted an issue about total non-application of mind on the part of police officers. Two successive offences have been registered against the applicant - Pawan Pariwale punishable under Section 142 of the Maharashtra Police Act, which are sought to be quashed.
3. Criminal Application No.500/2022 is to quash the first information report bearing Crime No.780/2021 registered with Paratwada Police Station, District Amravati for offence punishable under Section 142 of the Maharashtra Police Act, whilst Criminal Application No.501/2022 is to quash the first information report bearing Crime No.647/2021 registered with Paratwada Police Station, District Amravati for the same offence. Applicant has also prayed for quashing of the related charge sheets arising our of both crimes. It is the contention of the applicant that though the period of Rgd.
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Judgment apl500.22 4 externment was over long back, however, without ascertaining the said fact, successive crimes have been registered against him alleging breach of order of externment, which is made punishable under Section 142 of the Maharashtra Police Act.
4. Though the State has resisted the applications by filing reply-affidavit, however, we do not find any relevant submission in the said replies. Perusal of paragraph no.7 of the reply itself demonstrates that the period of externment was over long back, but, no substantial reason has been furnished in the reply for registration of the crime.
5. Be that as it may, the police authorities have passed an order of externment in terms of Section 56[1][b] of the Maharashtra Police Act on 10.08.2020 whereby the applicant has been externed from Amravati City and adjoining area of Baitul in Madhya Pradesh State for a period of six months. The order of externment was challenged by the applicant before the Divisional Commissioner, who in turn stayed the order on 15.09.2020. After hearing the parties, Rgd.
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Judgment apl500.22
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the Divisional Commissioner has dismissed the appeal on
20.10.2020, and as a consequence thereof, the stay came to be vacated.
6. Even if the period of 6 months is calculated from 20.10.2020, it would get over on 19.04.2021. By no stretch of imagination the externment order would remain inforce beyond that. However, the police authorities have registered Crime No.780/2021 alleging that the applicant has entered into the city limits of Achalpur on 26.12.2021 and vide another Crime No.647/2021 it is alleged that the applicant has entered Achalpur on 08.11.2021, and thus there was a breach of the externment order.
7. No doubt if a person despite externment order, enters the prohibited area without permission, then he is amenable to the criminal action in terms of Section 142 of the Maharashtra Police Act. The facts speak for itself that the life of externment order was over long back, but, still the police have registered the Crime. Obviously continuation of such prosecution would amount to abuse Rgd.
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Judgment apl500.22 6 of the process of Court. The police authorities should be diligent and more cautious while taking such action, since it has a result of deprivation of the fundamental right of movement of a person. Having regard to above facts, both Criminal Applications are liable to be allowed. Hence, we pass the following order.
ORDER.
[i] Criminal Applications are allowed and disposed of. [ii] The first information report bearing Crime No.780/2021 registered with Paratwada Police Station, District Amravati for offence punishable under Section 142 of the Maharashtra Police Act with related Charge-sheet No.288/2021 and the first information report bearing Crime No.647/2021 registered with Paratwada Police Station, District Amravati for the same offence and related Charge-sheet No.268/2021 are hereby quashed and set aside.
JUDGE JUDGE
Rgd.
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