Baban Alias Balya S/O Raghunath ... vs State Of Maharashtra, Thr. ...
2016 Latest Caselaw 5286 Bom

918-J-Cri.WP-641-16                                                                          1/3


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                     
                           NAGPUR BENCH, NAGPUR.




                                                             
                      CRIMINAL WRIT PETITION NO.641 OF 2016
                                          

     Baban alias Balya s/o Raghunath Karade 
     Aged 35 years, 




                                                            
     Occupation : Agriculturist, 
     R/o Sangwa (Bk.), 
     Tah. Daryapur, Dist. Amravati.                              ... Petitioner. 




                                                  
     -vs-

     1.  State of Maharashtra,
          Thr. Secretary, Home Dept, 
                                       
          Mantralaya, Mumbai. 
                                      
     2.  Sub Divisional Magistrate,
          Daryapur, Tah. Daryapur, 
          District - Amravati.  
               


     3.  State of Maharashtra,
            



          Thr. Police Station Khallar, 
          Tah. Daryapur, District- Amravati.                     ... Respondents. 

     Shri R. J. Shinde, Advocate for petitioner. 





     Ms K. Joshi, APP for respondent-State. 

                                             CORAM  :  B.P.DHARMADHIKARI &
                                                         A.S.CHANDURKAR, JJ.  

DATE : September 15, 2016

Oral Judgment : (Per B. P. Dharmadhikari, J.)

Heard finally with consent of Advocate Shri Shinde for petitioner and learned APP for State by issuing Rule and making the same returnable forthwith.

2. The petitioner has been externed under Section 56(1)(a) and (b) of

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the Maharashtra Police Act by order dated 22/07/2016. Externment is

ordered by the Sub-Divisional Magistrate Daryapur, from Amravati and

Akola Districts for period of two years.

3. The offences looked into are of years 2009, 2010, 2011 and 2015.

Offence of year 2009 is under Section 498A of the IPC read with other provisions. Two offences of year 2010 are under Sections 353, 323 and Sections 294 and 506 of the IPC and two offences of year 2011 are under

Sections 324, 504, 506 and 294, 323, 506 of the IPC respectively.

4.

Offences which can be seen as of the recent origin and therefore relevant as having live link are of year 2015. Crime No.3003/2015 is

under Section 294 of IPC read with Section 85 of the Mumbai Police Act. Other offence vide Crime No.29/2015 is under Sections 307, 326, 506 of

the IPC read with Section 3(1)(10) of the Schedule Castes and the Scheduled Tribes (Prevention of Atrocities Act, 1989.

All these offences are registered with Police Station Khallar, Tah. Daryapur, District-Amravati.

5. We, therefore, find substance in contention of Advocate Shri Shinde that externment from entire Amravati District as well Akola District is excessive. Hence only on that ground we find that impugned order suffers

from non-application of mind. The same is therefore quashed and set aside.

Petition is allowed with no order as to costs.

                                              JUDGE                                    JUDGE     

Asmita




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                 -:  C E R T I F I C A T  E  :- 




                                                           

" I certify that this Judgment/order uploaded is a true and correct

copy of the original signed Judgment/order."

Uploaded by :

Asmita A. Bhandakkar Personal Assistant Uploaded on :

16/09/2016