Umesh S/O Ramesh Bhalerao vs State Of Mah. Thr. Superintendent ...
2021 Latest Caselaw 13475 Bom

           Judgment                                 1                           wp247.21.odt


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                             NAGPUR BENCH, NAGPUR.


                           CRIMINAL WRIT PETITION NO. 247/2021


                   Umesh S/o Ramesh Bhalerao,
                   Aged about 25 years, Occ. Labour
                   R/o. Mahatma Fule Nagar, Kailas Tekdi,
                   Akola
                                                                 .... PETITIONER(S)

                                           // VERSUS //

          1]       State of Maharashtra,
                   Through Superintendent of Police,
                   Superintendent of Police Office Akola

          2]       Sub-Divisional Police Officer,
                   Balapur

          3]       Divisional Commissioner,
                   Amravati
                                                               .... RESPONDENT(S)

           *******************************************************************
                      Shri A.S. Londhe, Advocate for the petitioner(s)
                      Shri S.S. Doifode, APP for the respondent/State
           *******************************************************************

                             CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.

SEPTEMBER 20, 2021

JUDGMENT : (PER:- AMIT B. BORKAR, J.)

1] Heard.

2] RULE. Rule made returnable forthwith.

ANSARI



            Judgment                                 2                              wp247.21.odt




          3]               By this writ petition under Article 226 of the Constitution of

India, the petitioner is challenging the impugned order dated

11/10/2020 passed by the respondent no. 3 confirming the order dated

17/08/2020 passed by the respondent no. 1 in exercise of power under

Section 55 of the Maharashtra Police Act (for short "the said Act")

externing the petitioner from District Akola for period of two years.

4] The show cause notice came to be issued to the petitioner

calling upon him to show cause as to why action under Section 55 of the

said Act should not be initiated against him. Inspite of service of notice,

the petitioner failed to file reply. The respondent no. 1 by the order dated

17/08/2020 externed the petitioner along with another person from

District Akola for period of two years. The petitioner being aggrieved by

the said order filed appeal bearing no. 46/2020 before the Divisional

Commissioner, Amravati. The learned Divisional Commissioner by the

order dated 11/10/2020 dismissed the appeal. The petitioner has

therefore filed the present writ petition.

5] This Court on 16/03/2021 issued notices to the respondents.

The respondent no. 1, in pursuance of the notice issued by this Court,

has filed reply stating that the petitioner has failed to file reply inspite of ANSARI

Judgment 3 wp247.21.odt

receipt of notice. It is stated that the petitioner is habitual offender and is

involved in serious offences. Para no. 7 of the reply provides the details of

the offences registered against the petitioner which are pending in the

Court. The chart is as under :-

Sr. Police Station Crime No. Section Status No.

               1             Khadan          267/2018       147, 148,             Court
                                                            149, 307,            Pending
                                                          452, 354 of
                                                          Indian Penal
                                                              Code

               2             Khadan          251/2019        324 of               Court
                                                          Indian Penal           Pending
                                                             Code

               3             Khadan         244/2020      392, 506, 34            Court
                                                            of Indian            Pending
                                                           Penal Code



          6]               We have carefully considered the show cause notice issued

by the respondent no. 1, the order dated 17/08/2020 and the impugned

order dated 11/10/2020. The impugned order records a satisfaction that

the petitioner is involved in criminal activities and three offences are

registered against the petitioner. The respondent no. 3 has recorded its

satisfaction that the activities of the petitioner are creating hazard to the

peace and law and order situation and is creating threats to public. From

the tenor of the order of externment, it is apparent that the Externing ANSARI

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Authority has applied its mind while issuing the order of externment.

There was sufficient material available with the Externing Authority to

substantiate a conclusion that the acts of the gang of the petitioner are

causing harm and danger in the said area. The list of offences registered

against the petitioner shows live link and therefore we do not find any

substance in the submission of the learned advocate for the petitioner

that the exercise of power by the respondent no. 1 is illegal. For the

aforesaid reasons, we are satisfied that the Externing Authority has

exercised its power within the parameters of Section 55 of the said Act

and no interference is called for in the present writ petition.

7] There is no merit in the writ petition and the same is

dismissed. Rule is discharged. Pending application(s), if any, stand(s)

disposed of.

                            (JUDGE)                              (JUDGE)




ANSARI