Mr. Sapan S/O. Satish Mandal vs State Of Maharashtra Thr. Sub ...
2017 Latest Caselaw 874 Bom

                                      1                    WP914-16.odt         



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

                  Criminal Writ Petition No.914/2016
                                  ...


Sapan Satish Mandal,
Aged 42 years,
Occupation: Agriculturist,
Presently R/o C/o Subar Kayal,
At Pakhanjur, Tah. Pakhanjur,
Distt. Kanker, (Chhatisgarh).                 ..             PETITIONER


                               .. Versus ..

1. State of Maharashtra,
   through Sub Divisional Magistrate,
   Chamorshi, Dist. Gadchiroli.

2. Police Station Officer,
   Police Station Chamorshi,
   Dist. Gadchiroli.                          ..          RESPONDENTS


Mr. R.R. Vyas, Advocate for Petitioner.
Mr. J.Y. Ghurde, APP for Respondents.
                   ....


              CORAM : B.R. Gavai & Kum. Indira Jain, JJ.

DATED : March 20, 2017.

ORAL JUDGMENT (per B.R. Gavai, J. )

1. Rule. Rule made returnable forthwith. Heard finally

by consent of learned counsel appearing for the parties.

2 WP914-16.odt

2. The petitioner has approached this Court being

aggrieved by the order passed by respondent no.1 dated

19.11.2016 thereby externing the petitioner from the districts

of Chandrapur, Gadchiroli, Bhandara and Gondia.

3. The perusal of the material placed on record would

reveal that the alleged activities of the petitioner are alleged to

have been committed within the jurisdiction of Chamorshi

Police Station. However, the petitioner has been externed from

four districts i.e. Chandrapur, Gadchiroli, Bhandara and

Gondia. The Division Bench of this Court to which one of us

(Kum. Indira Jain, J.) is a party, has held that when the

authorities passed an order externing the person from the

areas which have no nexus with his alleged activities, then the

order suffers from non-application of mind.

4. We find that the present petition deserves to be

allowed on this short ground. Rule is, therefore, made absolute

by quashing and setting aside the impugned order dated

19.11.2016.

(Kum. Indira Jain, J. ) (B.R. Gavai, J.) ...

halwai/p.s.