Bombay High Court
Mahesh S/O. Prakash Wasnik vs The Divisional Commissioner ... on 30 January, 2018
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO.872 OF 2017
Mahesh s/o. Prakash Wasnik,
Aged about 26 years, Occ. Painting,
r/o. At Present Tirodi, Tq.Katangi,
Distt. Balaghat (M.P.), permanent
r/o. Ambedkar Nagar, Tumsar,
Tq.Tumsar, Distt. Bhandara. .......... PETITIONER
// VERSUS //
1.The Divisional Commissioner,
Nagpur Division, Nagpur, Old
Secretariat Building, Civil Lines,
Nagpur.
2.The Sub-Divisional Magistrate,
Tumsar, Tq.Tumsar, Distt.Bhandara.
3.Sub-Divisional Police Officer,
Tumsar, Tq.Tumsar, Distt.Bhandara.
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4.State of Maharashtra,
Through P.S.O., P.S., Tumsar,
Tq.Tumsar, Distt. Bhandara. .......... RESPONDENTS
____________________________________________________________
Mr.A.B.Mirza, Advocate for the Petitioner.
Ms H.N.Jaipurkar, A.P.P. for Respondent Nos. 1 to 4.
____________________________________________________________
CORAM : R.K.DESHPANDE
AND
M.G.GIRATKAR, JJ.
DATED : 30th JANUARY, 2018.
ORAL JUDGMENT (Per R.K.Deshpande, J) :
1. Rule made returnable forthwith. Heard finally by the
consent of the learned Counsels appearing for the parties.
2. The challenge in this petition is to the order
dt.29.4.2017 passed in Appeal under Section 60 of the Maharashtra
Police Act by the Divisional Commissioner, Nagpur Division, Nagpur
confirming the order dated 24-8-2016 passed by the Sub-Divisional
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Magistrate, Tumsar externing the petitioner from District Bhandara
for his illegal activities.
3. From the reply filed by the respondents itself, it is
apparent that the show cause notice was issued to the petitioner on
28.6.2016. Upon perusal of this show cause notice, we are unable to
gather anything namely the offences said to have been committed by
the petitioner and the material considered for passing the order of
externment. Thus, the petitioner has failed to get an effective
opportunity to make representation against the show cause notice.
The order is, therefore, violative of Section 59 of the Maharashtra
Police Act and it cannot, therefore, be sustained.
4. In the result, this Writ Petition is allowed. The order
dated 29-4-2017 passed by the Divisional Commissioner, Nagpur
Division, Nagpur in Appeal No.24 of 2016 and the Order dated 24-8-
2016 passed by the Sub-Divisional Magistrate, Tumsar in Criminal
Case No.4 of 2016 are hereby quashed and set aside. The
respondents are at liberty to institute fresh proceedings in
accordance with law.
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5. Rule is made absolute in the above terms. No order as to
costs.
JUDGE JUDGE
[jaiswal]
