Namdeo @ Bala @ Aniket S/O Baban ... vs State Of Mah. Thr. Sub Divisional ...
2022 Latest Caselaw 6313 Bom

15.cwp.363.22.jud                                                               1/3

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

                      CRIMINAL WRIT PETITION NO.363 OF 2022

Petitioner                  :       Namdeo @ Bala @ Aniket s/o Baban Shitole,
                                    Age about 35 years, Occ. Agriculturist,
                                    R/o. State Bank Colony Station Vibhag,
                                    Murtizapur, Dist. Akola.
                                    - Versus -

Respondents                 :   1] State of Maharashtra,
                                    Through Sub-Divisional Police Officer,
                                    Akola.
                                2] Superintendent of Police,
                                    Akola.

                      =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                      Mr. R.K. Tiwari, Advocate for the Petitioner
                       Mr. S.M. Ukey, A.P.P. for the Respondents.
                      =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

                    CORAM       :      VINAY JOSHI, J.

                    DATE        :      5th JULY, 2022.

ORAL JUDGMENT :-

Rule. Rule made returnable forthwith. Heard finally by consent of

both sides.

02] By this petition, the petitioner is challenging the order of

externment, dated 21/04/2022 passed by the Superintendent of Police, Akola

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

The petitioner challenged the impugned action primly on the ground that on

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the basis of stale offences, the impugned action has been initiated and there is

no live-link. Moreover, it is submitted that earlier on the basis of same

material, twice externment proposal was rejected by the authority.

03] The State resisted the petition by filing reply-affidavit.

04] The externment authority has issued 'show cause notice' in terms of

Section 59 of the Maharashtra Police Act to the petitioner. The notice was

replied explaining the petitioner's stand. The externment action was based on

total seven offences, which are set out in tabular form in the externment

order. The offences registered against the petitioner are ranging from the year

2008 to 2018. Those offences are relating to the crime registered with

Murtizapur City Police Station vide Crime Nos.61/2008, 56/2009, 231/2010,

45/2013, 134/2014, 12/2017 and 476/2018.

05] It is argued that in first four crimes, the petitioner was already

acquitted. The fifth crime is pending whilst rest of two crimes are the N.C.

reports. It is evident that the last cognizable offence is of year 2014 against

the petitioner. Even if, the N.C. Reports are taken into account, still there is a

gap of two years in taking impugned action. Apparently, there is no live-link

in between impugned action with the registered crimes.

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06]           Moreover, it is evident that on the basis of same material, the

externment proposal was initiated in past, but it was turned down by the

authority vide order dated 30/06/2018 and 09/11/2020 respectively. Besides

absence of live-link, the order demonstrates that there is no subjective

satisfaction. In view of that, the impugned action does not sustain in the eyes

of law.

07] The writ petition stands allowed. The impugned action of

externment dated 21/04/2022 passed by the Superintendent of Police, Akola

is hereby quashed and set aside. The petition is disposed of. Rule is made

absolute in the above terms.

(VINAY JOSHI, J.) *sandesh

Signed by:SANDESH DAULATRAO WAGHMARE Private Secretary to the Hon'ble Judge Signing Date:06.07.2022 18:51