Deepak Ramkrushna Ghanchekar vs Deputy Commissioner Of Police ...
2017 Latest Caselaw 1267 Bom

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

                    CRIMINAL WRIT PETITION NO.559/2016


      Deepak Ramkrushna Ghanchekar, 
      aged 32 years, Occ. Business, 
      r/o Godhani Railway, Mhada Colony Road,
      Near Mata Mandir, Tq. Dist. Nagpur.     .....PETITIONER

                                 ...V E R S U S...

 1. Deputy Commissioner of Police,
    Zone II, Nagpur

 2. Assistant Commissioner of Police,
    Panchpaoli Division, Panchpaoli,
    Nagpur.

 3. The Police Inspector, Police Station,
    Koradi, Nagpur.                                               ...RESPONDENTS

 ---------------------------------------------------------------------------------------------------
 Mr.Waghmare,Adv. holding for Mr. D.S.Shrimali, Adv. for petitioner.
 Mr. V. A. Thakare, A.P.P. for respondent nos. 1 to 3.
 --------------------------------------------------------------------------------------------------
                                   CORAM:-      B. P. DHARMADHIKARI AND
                                                  V. M. DESHPANDE, JJ.

DATED :- MARCH 29, 2017

ORAL JUDGMENT (Per : B. P. Dharmadhikari, J.)

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

of the parties.

2. Heard Mr. Waghmare, Advocate holding for Mr. Shrimali,

learned counsel for the petitioner and the learned A.P.P. for the

respondents-State. Perused the reply. Mr. Waghmare, upon instructions,

prays for a lenient view in the matter. He relies upon a judgment of the

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learned Single Judge of this Court in Abdul Wasim s/o Mohammad

Faruq Musalman .vs. State of Maharashtra & anr.; 1998 (1) Mh. L.

J. 157, and particularly paragraph (6) thereof.

The learned A.P.P. submits that there are no legal grounds

raised and the order is just and proper.

3. In the reported judgment, considering the young age of 18

years, a lenient view was taken and the period of externment was

reduced. Here, the petitioner is about 32 years old. He has been

externed from the limits of Nagpur city and Nagpur rural areas for a

period of 2 years.

4. Perusal of the impugned order reveals that in the second

chart, the details of prohibitory/preventive actions taken against the

petitioner are mentioned. The offences disclosed therein are registered

at Police Station, Koradi, Nagpur rural. They are of the period from

2010 to 2015. Only one preventive action under Section 110 (e) (g) of

the Cr.P.C. is taken in the year 2015.

In the first chart, there are total five offences. All those

offences are of the years 2008, 2012, 2013 and 2014, respectively. The

show cause notice was issued on 23.04.2015 and the impugned order

has been passed on 22.07.2015.

5. In this situation, as the offences are only in relation to one

Police Station, for the remaining period of externment, the order of

externment is modified. The petitioner is restrained from entering into

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the limits of Police Station, Koradi only. The order of externment is

modified to that extent.

The writ petition is partly allowed and disposed of

accordingly. Rule is made absolute in the aforesaid terms.

(V. M. Deshpande, J.) (B. P. Dharmadhikari, J.)

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