Asu @ Tatanjitsingh ... vs Superintendent Of Police Gondia ...
2022 Latest Caselaw 6316 Bom

5.cwp.268.21.jud                                                                   1/2

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

                     CRIMINAL WRIT PETITION NO.268 OF 2021

Petitioner                 :       Asu @ Tatanjitsingh Trilochansingh Makkad,
                                   Aged about 35 years, Occ. Business,
                                   R/o. Jaistabh Chowk, Gondia, District Gondia.

                                   - Versus -

Respondents                :   1] Superintendent of Police, Gondia,
                                   District Gondia.

                               2] Divisional Commissioner,
                                   Nagpur Division, District Nagpur.

                     =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                     Mr. V.S. Mishra, Advocate for the Petitioner
                     Mr. H.D. Dubey, 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] The petitioner is challenging the order of externment dated

11/01/2021 passed by the Superintendent of Police of Gondia externing the

petitioner for the period of five months from District Gondia. Aggrieved by

the said order, the petitioner filed an appeal before the Divisional

5.cwp.268.21.jud 2/2

Commissioner in terms of Section 60 of the Maharashtra Police Act. However,

the said appeal came to be dismissed vide order dated 03/03/2021. The

petitioner challenged the impugned action of externment on the ground that

this Court, while deciding Writ Petition No.293/2021 in the case of Hemraj

Rokde, has turned down the externment of Hemraj, who was externed by the

same common order. It is also submitted that the externment order was

passed on the offences punishable under the Gambling Act and there was no

live link. It reveals that in the externment order under Section 55 of the

Maharashtra Police Act, the applicant is named as a gang leader and on the

basis of the available material, the order has been passed. It is pertinent to

note that the impugned order has been passed on 11/01/2021 by which the

petitioner was externed for the period of five months. Already the said period

is over meaning thereby the externment order as on date is not in force.

Therefore, I do not deem it necessary to exercise inherent jurisdiction to

decide the lis on merits. Since this petition is not disposed of on merits, the

impugned externment order shall not be taken as adverse against the

petitioner in future. The petition stands disposed of.

03]           Rule stands discharged.



                                                                         (VINAY JOSHI, J.)
*sandesh

                                Signed by:SANDESH DAULATRAO
                                                        WAGHMARE
                                Private Secretary to the Hon'ble Judge
                                       Signing Date:06.07.2022 18:28