Valmik Bhausaheb Pimparkar vs State Of Maharashtra And Anr
2022 Latest Caselaw 7475 Bom

                                     Ethape                  1                51-WP-2585-2022.doc




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

                                       CRIMINAL WRIT PETITION NO. 2585 OF 2022

                                Valmik Bhausaheb Pimparkar             ...Petitioner
                                       Versus
                                State Of Maharashtra And Anr           ...Respondents

                                                                 ....
                                Mr. Narayan G. Rokade advocate for petitioner.
                                Mr. Arfan Sait, APP for the Respondent - State.

                                                                 ....
             Digitally signed
             by
             DNYANESHWAR
DNYANESHWAR ASHOK ETHAPE

                                                      CORAM : PRAKASH D. NAIK, J.
ASHOK ETHAPE
             Date:
             2022.08.03
             10:29:22 +0530



                                                      DATE       : 1st AUGUST, 2022
                                PC :

                                1.      The petitioner is aggrieved by order of externment

                                issued under Section 56 (1)(b) of Maharashtra Police Act

                                and the order passed by the appellate authority dismissing

                                the appeal preferred by petitioner challenging the order of

                                externment.


                                2.     Show cause notice was issued under section 59 of the

                                Maharashtra Police Act bearing it was proposed to extern

                                the petitioner for a period of two years. Subsequently, the

                                order of externment was issued under section 56(1)(b) of

                                the Maharashtra Police Act on 21.09.2021 hence, the
       Ethape                      2              51-WP-2585-2022.doc


petitioner has been externed for a period of one year from

Nashik District. The order of externment was challenged by

preferring appeal under Section 60 of the said Act which

has been dismissed on 18.02.2022.


3.      Learned advocate for the petitioner submits that there

is non application of mind by externing authority and

appellate authority. The order must contain the subjective

satisfaction for externing the person which is lacking in the

impugned order of externment. The subjective satisfaction

does not indicate reasons for externing the petitioner for a

period of one year. The cases referred to by the externing

authority are pending before the appropriate Court. Thus,

there is no cause for externing the petitioner for a period of

one year from the aforesaid area. Reliance is placed on the

decision of Apex Court in the case of Deepak Laxman

Dongre Vs. State of Maharahstra and Others 1 and

another decision of this Court in the case of Bhagwat

Dadasaheb            Landge      and   Another   Vs.     State         of

Maharashtra and Others2.


4.      Learned APP submitted that there is sufcient material

to initiate action under Section 56(1)(b) of the Maharashtra

1 AIR SCW 1241
2 2020 (4) Bom.C.R. (Cri.) 273
      Ethape                    3                    51-WP-2585-2022.doc


Police Act against the petitioner. Show cause notice and the

order refers to several cases registered against him which

are taken into consideration by externing authority. The

appellate authority has exercised application of mind while

dismissing the appeal. The petitioner is involved in about

eight cases including chapter case proceeding under

section 107 of Cr.P.C. The decision relied upon by learned

advocate for petitioner were delivered in the facts in those

cases.


5.    I have perused the show cause notice under Section

59, order of externment under Section 56(1)(b) of the

Maharashtra Police Act and the order dismissing the appeal

passed    by    appellate    authority.   On    perusal       of     these

documents, it is apparent that authorities have taken into

consideration     several     cases    registered       against           the

petitioner. The order of externment also refects the

application of mind. The petitioner's involvement in the

various crimes indicate danger created in the minds of the

people residing in respective areas. The concluding part of

the externment order indicate that it was proposed to

extern   the    petitioner   from     Nashik,   Ahmednagar                and

Aurangabad. However, considering the nature of material
       Ethape               4                51-WP-2585-2022.doc


on record, the petitioner could be externed from the areas

mentioned therein for a period of one year. Similarly while

dismissing the appeal under section 60 of the said act,

appellate authority has assigned cogent reasons.                  The

judgment relied upon by the learned advocate for the

petitioner are not applicable to the present case. No ground

is made out for setting aside the impugned order.

                           ORDER

(i) Writ Petition No. 2585 of 2022 stands dismissed and

disposed of.

(PRAKASH D. NAIK, J.)