Dinesh S/O. Gajanan Kawle vs Superintendent Of Police, Akola ...
2017 Latest Caselaw 9794 Bom

                                 1                            wp570.17.odt




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                               NAGPUR BENCH, NAGPUR



                  CRIMINAL WRIT PETITION NO.570 OF 2017



  Dinesh s/o. Gajanan Kawle,
  Aged about 24 years, r/o. Lahan
  Umri, Akola, Tq. and Distt. Akola.        ..........      PETITIONER



          // VERSUS //


  1.Superintendent of Police,
     Akola, Tq. and Distt. Akola.

  2.Sub-Divisional Police Officer,
     Akola City, Tq. & Distt.
     Akola.

  3.Divisional Commissioner,
     Amravati.                                  ..........       RESPONDENTS




::: Uploaded on - 20/12/2017                      ::: Downloaded on - 23/12/2017 02:01:52 :::
                                         2                             wp570.17.odt

  ____________________________________________________________  
                  Mr.H.R.Gadhia, Advocate for the Petitioner.
         Mrs. M.H.Deshmukh, A.P.P. for Respondent Nos. 1 to 3.
  ____________________________________________________________


                                         CORAM     :  R.K.DESHPANDE 
                                                              AND
                                                              M.G.GIRATKAR, JJ.

DATED : 19th December, 2017.

ORAL JUDGMENT (Per R.K.Deshpande, J) :

1. Rule returnable forthwith. Heard finally with the consent

of the learned Counsel for the respective parties.

2. A show cause notice was issued to the petitioner by

respondent no.1 on 1.8.2016 proposing to extern the petitioner from

the Municipal limits of Cities of Akola, Washim, Amravati, Yavatmal

and Buldana districts for a period of two years. In the show cause

notice, a reference was made to the prosecution pending against the

petitioner in three different Courts for various offences including the

offences punishable under Sections 302, 324, 341, 504, 147, 148 and

149 etc. of the Indian Penal Code and under Section 4 and 25 of the

3 wp570.17.odt

Arms Act. The petitioner replied to the said show cause notice

pointing out that he was acquitted from all the offences. The order

passed u/s.55 of the Maharashtra Police Act, 1951 shows that the

cases are pending against the petitioner. In the appeal, the Divisional

Commissioner, Amravati, in his order dt.20.5.2017, recorded the

finding that the petitioner was acquitted from all the proceedings on

24.9.2015, 22.3.2016 and 30.1.2016. However, he confirms the

order passed by the District Superintendent of Police on 26.8.2016 in

exercise of his apparent jurisdiction under Section 60 of the

Maharashtra Police Act, 19, 1951.

3. In view of the undisputed factual position that the

petitioner is acquitted of the offences mentioned above, the order of

externent impugned in the petition cannot be sustained. It is based

on extraneous material. Hence, the same will have to be quashed and

set aside.

4. In view of the above, the Writ Petition is allowed. The

order dated 26.8.2016 passed by the Superintendent of Police,

Akola/respondent no.1 and the order dated 20.5.2017 passed by the

4 wp570.17.odt

Divisional Commissioner, Amravati/respondent no.3 impugned in

this petition are quashed and set aside.

Rule is made absolute in the above terms. No order as to

costs.

                               JUDGE                JUDGE
   



  [jaiswal]





                                5               wp570.17.odt