Shri Chetan @ Bannu S/O. Kailash ... vs The Divisional Commissioner ...
2018 Latest Caselaw 1153 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                               NAGPUR BENCH, NAGPUR



                 CRIMINAL WRIT PETITION NO.1115 OF 2017



  Chetan @ Bannu s/o. Kailash Mardane,
  Aged 24 years, Occ. Cultivator,
  r/o. Valmiki Nagar, Akot, Tq.
  Akot, District Akola.             ..........      PETITIONER


           // VERSUS //


  1.The Divisional Commissioner,
     Division Amravati, Office at 
     Amravati.

  2.The State of Maharashtra,
     Sub-Divisional Police Officer,
     Akot, Division Akot, Distt.
     Akola.

  3.The State of Maharashtra,
     Through Sub-Divisional 
     Magistrate, Akot, Distt.Akola.




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  4.The State of Maharashtra,
     Through Additional Superintendent
     of Police, Akola, Distt. Akola.

  5.The State of Maharashtra,
     Through Police Station Officer,
     P.S., Akola.                           ..........       RESPONDENTS

  ____________________________________________________________
                 Mr.A.B.Moon, Advocate for the Petitioner.
                 Ms H.N.Jaipurkar, A.P.P. for the Respondents.
  ____________________________________________________________


                                              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 dated

18.8.2017 passed by respondent no.3/Sub-Divisional Magistrate,

Akot externing the petitioner from District Akola for a period of one

year. The appeal preferred by the petitioner has also been dismissed.

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3. The show cause notice dated 23rd December, 2016

issued under Section 59 of the Maharashtra Police Act refers to two

First Information Reports lodged at Police Station, Akot for the

offence under Section 324 r/w 34 of the Indian Penal Code. The

offences were registered in the years 2011 and 2012. The petitioner

is acquitted in one of these two cases and in the remaining matter,

his appeal is pending before the Sessions Court and the sentence is

suspended. The show cause notice is issued on 23.12.2016 and the

order of externment was passed on 18.8.2017. We do not find any

live link in the matter to sustain the order of externment.

4. In the result, this Writ Petition is allowed. The order

dt.18.11.2017 passed by respondent no.1/Divisional Commissioner,

Amravati and the order dt.18.8.2017 passed by respondent

no.3/Sub-Divisional Magistrate, Akot are hereby quashed and set

aside.

5. Rule is made absolute in the above terms. No order as to

costs.

                               JUDGE                       JUDGE
  [jaiswal]



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