Sudhir Arun Kokne vs Deputy Commissioner Of Police ...
2017 Latest Caselaw 9796 Bom

                                                   1                                    jg.cri. wp 1042.17.odt


                 THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH : NAGPUR.

                   CRIMINAL WRIT PETITION NO. 1042 OF 2017

Sudhir Arun Kokne 
Aged 35 years, Occ. : Labour, 
R/o. Gajanan Nagar, Bichu Tekdi, 
Amravati, 
At Present : C/o Dhanraj Kisanrao 
Devare, R/o Kamargaon 
Distt. Washim.                                                                                  ... Petitioner

             VERSUS

(1)  Deputy Commissioner of Police,
       Zone- 1, District - Amravati. 

(2)  Assistant Police Commissioner,
       Division-Frezarpura, District - 
       Amravati. 

(3) Police Station Officer, 
      P.S. Frezarpura, Amravati.                                                           ... Respondents
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Shri P. V. Navlani, Advocate for the petitioner
Mrs. M. H. Deshmukh, Additional Public Prosecutor for the respondents
-----------------------------------------------------------------------------------------------------------------------

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

                                                   DATE    :  19-12-2017

JUDGMENT (Per : M. G. Giratkar, J.)

Rule. Rule made returnable forthwith. Heard by consent

of the learned counsels appearing for the parties.

2 jg.cri. wp 1042.17.odt

2. The petitioner has challenged the externment order dated

20-9-2017 passed by the respondent no. 1. It is submitted that

impugned order is passed without stating the existence of material

showing likelihood of similar offence being committed in near future by

the petitioner. It is submitted that the respondent no. 2 issued show

cause notice dated 8-6-2017. The petitioner submitted his reply to the

show cause notice. It is submitted that only in two cases under the

Maharashtra Prevention of Gambling Act, the petitioner is convicted.

The respondent no. 1 not recorded satisfaction about the commission of

breach of public peace and tranquility. No material witness come

forward to state against the petitioner. In-camera statement is not

recorded. There is no likelihood of committing similar offences by the

petitioner, hence, impugned order be quashed and set aside.

3. Heard learned counsel Shri Navlani for the petitioner. He

has pointed out show cause notice and the impugned order. From the

perusal of impugned order, it is clear that six cases under the

Maharashtra Prevention of Gambling Act were pending against the

petitioner out of which in two cases, he is convicted to pay fine etc. One

case for the offence punishable under Section 324, 504 read with

3 jg.cri. wp 1042.17.odt

Section 34 of the Indian Penal Code is pending against the petitioner.

4. From the perusal of impugned order, it is clear that in-

camera statements were not recorded to show that witnesses are

threatened by the petitioner. Nothing is on record to show that

existence of the petitioner in his area is dangerous to the public, person

and property. Offences under Section 12A of the Maharashtra

Prevention of Gambling Act is not so serious offence. The impugned

order does not show the satisfaction in respect of need to extern the

petitioner. Hence, impugned order is liable to be quashed and set aside.

With this finding, we proceed to pass the following order.

ORDER

(i) The petition is allowed in terms of prayer clause (i)

and we hereby quash and set aside the impugned order dated

20-9-2017 passed by the respondent no. 1.

(ii) Rule is made absolute in aforesaid terms with no order

as to costs.

                        JUDGE                                        JUDGE
wasnik