Rohit Ashok Lot vs The State Of Maharashtra
2021 Latest Caselaw 2994 Bom

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Vishwanath S. Sherla
S. Sherla  Date:
           2021.02.15
           17:41:42
           +0530          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION

                               CRIMINAL WRIT PETITION NO. 1502 OF 2020

            Rohit Ashok Lot
            Age- 26 Years, Occ- Labourer
            R/at: Near Valmik Temple,
            Mahalaxmi Chawl, Wadala Naka,
            Dwarkar, Nashik.                               ...PETITIONER

                     Versus

            1.       The State of Maharashtra
                     Through Divisional Commissioner,
                     Add- Government Colony, Nashik,
                     Maharashtra 422 101.

            2.       Dy. Commissioner of Police
                     Zone-1 Nashik City
                     Dist. Nashik.                         ...RESPONDENTS

                                           ALONG WITH
                               CRIMINAL WRIT PETITION NO. 1503 OF 2020

            Rahul Ashok Lot
            Age- 20 Years, Occ-Nil,
            R/at: Near Valmik Temple,
            Mahalaxmi Chawl, Wadala Naka,
            Dwarka, Nashik                                 ...PETITIONER

                     Versus

            1.       The State of Maharashtra
                     Through Divisional Commissioner,
                     Add- Government Colony, Nashik,
                     Maharashtra 422 101.

            2.       Dy. Commissioner of Police
                     Zone-1 Nashik City
                     Dist. Nashik.                         ...RESPONDENTS


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Mr. Aniket Nikam a/w. Mr. Vivek Arote, Mr. Ashish Satpute, Mr. Amit
Icham, Mr. Piyush Toshnival for the Petitioner in both petitions.
Smt. A.S. Pai,APP for State.
                             CORAM : S. S. SHINDE &
                                         MANISH PITALE, JJ.

RESERVED ON : 10th FEBRUARY, 2021.

PRONOUNCED ON: 15th FEBRUARY, 2021.

JUDGMENT [PER S.S. SHINDE]:

. Rule. Rule made returnable forthwith and heard with the consent

of learned counsel appearing for the parties.

2. These petitions are filed with following substantive prayers:-

b) This Hon'ble Court be pleased to quash and set aside the impugned order dated 06.02.2020 passed by the Respondent No. 1 against the present Petitioner thereby externing petitioner for period of Two year from Nashik Commissionerate and Nashik Rural/Nashik District.;

c) That pending the hearing and final disposal of the present Petition this Hon'ble Court may be pleased to stay on impugned order dated 06.02.2020 passed by the Respondent No. 1 against the present Petitioner;

3. Background facts for filing these petitions are as under:-

Respondent No. 2 issued show cause notice on 12th July 2019

under Section 55 of Bombay Police Act to the petitioners thereby calling

upon the petitioners why externment proceeding should not be initiated

against him. The petitioners were directed to remain present on 12th July 2019

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in the office of Respondent No. 2. The externment proceedings were

conducted time to time on 15th July 2019, 16th July 2019, 17th July 2019. On

26th July 2019 the Respondent No. 2 passed detailed order. Being aggrieved,

by the decision of the 2nd respondent, the petitioners filed appeal before

Respondent No. 1. The said appeal was dismissed. Hence, these petitions.

4. Learned counsel appearing for the Petitioners submits that out of

two offences registered against the petitioners, on which reliance has been

placed by Respondent No. 2 and appellate authority, in one of the offence the

Petitioners were already acquitted. It is submitted that so far as two offences

are concerned, the law will take its own course and it was not necessary to

initiate an externment proceeding, which would amount to double jeopardy

for same offences. It is submitted that though alleged activities of the

petitioners were restricted to Bhadrakali Police Station, however, the

petitioners are externed from Nashik district and Nashik city. Therefore,

learned counsel for the petitioners submit that the petition may be allowed.

5. On the other hand, learned APP appearing for respondents-State

relying upon the reasons assigned in the impugned orders submits that the

petition may be dismissed.

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6. We have given careful consideration to the rival submissions.

With the able assistance of learned counsel appearing for the parties, perused

the pleadings and grounds in the petition, annexures thereto, judgment/order

passed by the appellate authority and original record in relation to the

externment proceeding of the petitioners.

7. It is not necessary to go into the details. Suffice it to say that

though the petitioners were acquitted from one offence out of two offences,

on which reliance has been placed by the appellate authority, the authorities

have passed the externment order relying upon both the offences. That

ground alone is sufficient to conclude that there was non application of mind

on the part of authorities and as a result externment proceedings stands

vitiated. In that view of the matter, the petitions deserve to be allowed.

Accordingly, the writ petitions are allowed in terms of prayer clause (b). The

order dated 26.07.2019 passed by Respondent No. 2 and impugned order

dated 06.02.2020 passed by Divisional Commissioner, Nashik Division,

Nashik are hereby quashed and set aside. Rule made absolute to above extent

and writ petitions stand disposed of.

      ( MANISH PITALE, J.)                                   (S. S. SHINDE, J.)




Bhagyawant Punde