Bombay High Court
Aiffaz Khan Yunus Khan vs State Of Maharashtra, Department ... on 22 August, 2017
Bench: V.A. Naik
1 jg.cri.wp 739.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
Criminal Writ Petition No. 739 of 2017
Aiffaz Khan Yunus Khan,
Aged 34 years, Occ : Auto Driver,
R/o Rambhat Plot, Chandur Bazar,
District : Amravati. .... Petitioner
// Versus //
(1) State of Maharashtra,
Department of Home Affairs,
Through its Secretary, Mantralaya,
Mumbai - 32.
(2) Sub Divisional Magistrate,
Achalpur, Sub Division, Achalpur,
District : Amravati. .... Respondents
Shri R. M. Ahirrao, Advocate for the petitioner
Shri S. S. Doifode, Additional Public Prosecutor for the respondents
CORAM : SMT. VASANTI A NAIK AND
M. G. GIRATKAR, JJ.
DATE : 22-08-2017.
ORAL JUDGMENT (Per : SMT. VASANTI A NAIK, J.)
Rule. Rule made returnable forthwith. The criminal writ
petition is heard finally at the stage of admission with the consent of the
learned counsel for the parties.
By this criminal writ petition, the petitioner challenges the
order of the Sub Divisional Magistrate, Achalpur dated 21-7-2017
.....2/-
2 jg.cri.wp 739.17.odt
externing the petitioner for a period of one year from Amravati District.
It is stated on behalf of the petitioner that some of the
criminal proceedings that were pending against the petitioner have been
disposed of and the other cases in which the petitioner is tried pertain to
the offences allegedly committed by the petitioner in Chandur Bazar
Tahsil. It is stated on behalf of the petitioner that the petitioner is a auto-
rickshaw driver and he would not be able to earn his livelihood if he is
externed from Amravati District for one year. It is stated that the
petitioner's wife and his two children, as also his old parents are
dependent on the petitioner and, hence, the petitioner is not desirous of
challenging the order externing the petitioner for one year but is limiting
his prayer only for the modification of the order so that the petitioner is
externed only out of Chandur Bazar Tahsil. It is stated that in the
circumstances of the case and in the interest of justice, the order of the
Sub Divisional Magistrate, Achalpur should be modified.
Shri Doifode, the learned Additional Public Prosecutor states
that though this Court had made query on the last date of hearing
whether the petitioner could be externed only out of Chandur Bazar
Tahsil, a decision in that regard cannot be taken by the respondent no. 2
after the impugned order is passed. It is stated that an appropriate order
.....3/-
3 jg.cri.wp 739.17.odt
may be passed in the circumstances of the case.
On a perusal of the impugned order and on hearing the
learned counsel for the petitioner, it appears that in the circumstances
of the case and with a view to secure the ends of justice, the impugned
order dated 21-7-2017 needs to be modified. The petitioner is externed
out of Amravati District. All the offences registered against the petitioner
are allegedly committed within the jurisdiction of Chandur Bazar Tahsil.
The petitioner is a auto-rickshaw driver and his parents, his wife and his
children are dependent on him. The learned counsel for the petitioner
has stated that the petitioner would give an undertaking that the
petitioner would reside in Achalpur Tahsil for one year. In the
circumstances of the case, the limited prayer made by the petitioner
needs to be granted.
Hence, the criminal writ petition is partly allowed. The
impugned order is modified. The part of the order externing the
petitioner from Amravati District is substituted by the order externing the
petitioner from Chandur Bazar Tahsil. Order accordingly.
JUDGE JUDGE
wasnik
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