Javed Salim Rayliwale vs State Of Maharashtra Thr. Deputy ...
2018 Latest Caselaw 1017 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                               NAGPUR BENCH, NAGPUR



                  CRIMINAL WRIT PETITION NO.982 OF 2017



  Javed Salim Rayliwale,
  Aged about 26 years, Occ. Labour,
  r/o. Gwalipura, Frezerpura,
  Amravati.                                ..........      PETITIONER


           // VERSUS //


  1. State of Maharashtra,
      Through Deputy Commissioner
      of Police, Zone 1, Amravati.

  2. Assistant Commissioner of Police,
      Frezerpura Zone, Amravati.            ..........       RESPONDENT


  ____________________________________________________________
               Mr.Mir Nagman Ali, Advocate for the Petitioner.
            Mr.J.Y.Ghurde, A.P.P. for Respondent Nos. 1 and 2.
  ____________________________________________________________




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

DATED : 25th January, 2018.

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

1. Rule made returnable forthwith. Heard finally with the

consent of the learned Counsels appearing for the parties.

2. The petitioner has been externed from Amravati District

and rural areas by an order dated 7-9-2017 for a period of two years

under Section 56 of the Maharashtra Police Act.

3. It is not in dispute that the show cause notice does not

make reference to any in-camera statement actually recorded of the

witnesses who are unwilling to depose against the petitioner, but the

order impugned rests upon such statements. There is failure to

provide effective opportunity to make representation. Apart from it,

the petitioner was acquitted of the offence under Section 399 of the

Indian Penal Code on 16.1.2016. But the show cause notice for

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externment shows that it is pending. This fact was brought to the

notice of the Authorities concerned.

4. The matter is covered by the decision of this Court in

Criminal Writ Petition No.932 of 2017, Ramiz Raja Ansar Patel

.vs. State of Maharashtra and another. We are, therefore, required

to allow this petition. In the result, the Writ Petition is allowed. The

order dated 7-9-2017 passed by respondent no.1 externing the

petitioner for a period of two years from the City of Amravati and

rural areas is hereby quashed and set aside.

No order as to costs.

                               JUDGE                 JUDGE
   



  [jaiswal]





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