Bombay High Court
Akash @ Golu Gokul Chandurkar vs The State Of Mah. Thr Divisional ... on 5 October, 2021
Bench: V.M. Deshpande, Amit B. Borkar
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO.583 OF 2021
WITH
CRIMINAL WRIT PETITION NO.584 OF 2021
CRIMINAL WRIT PETITION NO.583 OF 2021
Akash @ Golu Gokul Chandurkar,
Aged about 36 years,
Occupation : labour,
R/o Harihar Peth Old City,
Akola, taluka and district Akola. ..... Petitioner.
:: V E R S U S ::
1. State of Maharashtra,
Through Divisional
Commissioner, Amravati.
2. Superintendent of Police Akola
Taluka and District Akola.
3. Sub Divisional Police Officer,
Akot, taluka and district Akola.
4. The Police Station Officer,
Old City Police Station, Akola. ..... Respondents.
===================================
Shri K.H.Anandani, Counsel for the Petitioner.
Shri S.M.Ghodeswar, Additional Public Prosecutor for
Respondents/State.
===================================
CRIMINAL WRIT PETITION NO.584 OF 2021
Vicky s/o Ramesh Shrinath,
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Aged about 23 years,
Occupation : labour,
R/o Harihar Peth Old City,
Akola, taluka and district Akola. ..... Petitioner.
:: V E R S U S ::
1. State of Maharashtra,
Through Divisional
Commissioner, Amravati.
2. Superintendent of Police Akola
Taluka and district Akola.
3. Sub Divisional Police Officer,
Akot, taluka and district Akola.
4. The Police Station Officer,
Old City Police Station, Akola. ..... Respondents.
===================================
Shri K.H.Anandani, Counsel for the Petitioner.
Shri S.M.Ghodeswar, Additional Public Prosecutor for
Respondents/State.
===================================
CORAM : V.M.DESHPANDE & AMIT B.BORKAR, JJ.
DATE : OCTOBER 05, 2021
COMMON JUDGMENT (Per : Amit B.Borkar, J.)
1. Heard Shri K.H.Anandani for petitioners and Shri
S.M.Ghodeswar learned Additional Public Prosecutor for
respondents/State.
2. Rule. Rule is made returnable forthwith. Heard
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finally by consent of learned counsel for parties.
3. In view of fact that these two writ petitions arise out of
the same Show Cause Notice, they are taken up for final hearing
and they are disposed of by common judgment.
4. On 31.3.2021, petitioners were served with Show
Cause Notice under Section 59(1) of the Maharashtra Police Act,
1951. The Show Cause Notice was issued by respondent No.3. The
said Show Cause Notice gives list of five offences registered against
them. On 6.4.2021, they filed their replies to the Show Cause
Notice pointing out that they have been falsely implicated in
offences. It is stated that out of offences, mentioned in Show
Cause Notice, they have been acquitted in some of offences. It is
stated that there are false allegations made against them with an
intention that they should be externed from area where they are
residing. It is stated that they are having families and the order of
externment will hamper in reputation in society.
5. On 16.4.2021, externing authority externed
petitioners from area of Akola district for a period of two years.
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6. The petitioners challenged the said order by way of
filing of appeal before the Divisional Commissioner, Amravati
Division, Amravati. The Divisional Commissioner, Amravati
Division, Amravati, by order dated 14.7.2021 rejected the appeal
thereby confirmed order of externment dated 16.4.2021. The
petitioners have, therefore, filed present writ petitions challenging
orders dated 16.4.2021 and 14.7.2021 passed by the externing
authority.
7. On 27.8.2021, this Court issued Notices to
respondents. In pursuance to Notices, respondents filed their
affidavit on 16.9.2021 stating in the affidavit that petitioners are
involved in crimes from years 2013 to 2020 continuously. Both
externees are having crimes registered against them in a organized
manner. It is also stated in the affidavit that petitioners were given
due opportunity of hearing and after being satisfied that it is
necessary to extern them, externing authority passed the order. It
is also stated that there are offences registered against petitioners
for breach of offences under Chapter 16 of the Indian Penal Code.
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8. Learned counsel for petitioners submitted that
considering fact that offences which were registered against
petitioners are only in old city Akola police station , order of
externment from the entire district is excessive. He submitted that
while issuing Show Cause Notice, externing authority has taken
into consideration offence from which petitioners were acquitted
and, therefore, placed reliance on offences in respect of which
petitioners were acquitted. It is submitted that externing authority
is not justified in recording finding that petitioners have committed
offences and have also committed error while recording decision
about fulfillment of ingredients of Section 59 of the Maharashtra
Police Act.
9. Learned Additional Public Prosecutor for the State
submitted that since petitioners are involved in offences stated in
order of externment and since due opportunity was given to
petitioners, order of externment passed against petitioners are
perfectly legal.
10. We have carefully considered the impugned orders
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passed by the externing authority and also the appellate authority.
Insofar as submission of petitioners about petitioners being
acquitted of offences and the same being considered by the
externing authority is concerned, the appellate authority
specifically considered crimes wherein petitioners were acquitted.
The appellate authority confirmed the order passed by the
externing authority.
11. On overall consideration of both orders, it appears that
offences against petitioners are registered in only one police
station that is Old City Police Station Akola. This shows that area
of operation of petitioners is confined to Akola City Only. If this
was so, the order of externment of petitioners for entire Akola
district, in our view, is excessive.
12. Since the order of externment is excessive to the
extent of area of operation of petitioners, we pass following order:
ORDER
(1) Both Criminal Writ Petition Nos. 583 of 2021 and 584 of 2021
are partly allowed.
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Judgment
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(2) Order dated 14.7.2021 is modified restricting the externment
of petitioners to the extent of area of operation of Akola City only.
Rest of order shall remain in force to the extent of Akola City Only.
(3) It is clarified that petitioners shall not enter Akola City, till
order of externment passed against them is in force.
Rule is made partly absolute in above terms.
JUDGE JUDGE
!! BRW !!
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