Virendra @ Bhurya Amarjitsingh ... vs State Of Maharashtra, Through ...
2016 Latest Caselaw 1190 Bom

    cwp208.16.odt
                                                                 1




                                                                                                                   
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT NAGPUR, NAGPUR.




                                                                                        
                                                                ...

                     CRIMINAL  WRIT PETITION NO. 208/2016 




                                                                                       
              Virendra  @  Bhurya  Amarjitsingh Rohel
              Aged 21 years,  occu:  student
              R/o Durga Chowk  Near Khandesh Doodh Dairy
              Akola Tah.  & Dist.   Akola.    ...                                                  ...PETITIONER




                                                                    
                                          ig             v e r s u s
                                        
    1)        State of  Maharashtra
              through Police Station officer
              Ramdaspeth   Police Station
              Akola, Tah.  & Dist.  Akola.
       


    2)        Sub-Divisional Magistrate
    



              Akola,  Tah. & Dist. Akola.                                                 ...      RESPONDENTS

    ...........................................................................................................................
                         Mr. U.J.Deshpande, Advocate  for petitioner 
                         Mr M.K.Pathan, APP for  respondents





    ............................................................................................................................

                                                         CORAM:   B.R.GAVAI & 
                                                                    Mrs.  SWAPNA JOSHI,JJ.

DATED : 4TH APRIL, 2016

ORAL JUDGMENT : (Per B.R. Gavai, J.)

1. Rule. Rule returnable forthwith. Heard by consent.

2. The petitioner has approached this Court being aggrieved by

the order dated 15.2.2016 thereby externing the petitioner from Akola

cwp208.16.odt

District for a period of three months.

3. The petition deserves to be allowed on a short ground. The

copy of the externment proposal is dated 1st September, 2014. The show

cause notice issued to the petitioner is dated 7th October, 2014. the reply is

filed on 28th October, 2014, whereas the impugned order is passed on

15.2.2016.

4.

It could thus be seen that there is a gap of almost more than

one-and-a-half years between the date on which the proposal was submitted

and the impugned order was passed. It could further be seen that there is no

live link with the proposed action and the ultimate action.

5. In that view of the matter, we are inclined to allow the petition.

The impugned order dated 15.2.2016 passed by the respondent no.2 sub-

Divisional Magistrate is quashed and set aside.

Rule is made absolute in the aforesaid terms.

                              JUDGE                  JUDGE

    sahare