Bombay High Court
Jabbar Alias Jumma Gaffar Khan Pathan vs The State Of Maharashtra And Others on 5 August, 2025
(1) WP-729-2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 729 OF 2025
Jabbar @ Jumma s/o.
Gaffar Khan Pathan,
Age :32 years. Occu: Business,
r/o. Ohargaon, Tq. and Dist.
Chh. Sambhajinagar. ...PETITIONER
VERSUS
1] The State of Maharashtra
Through Divisional Commissioner,
Chh. Sambhajinagar.
2] The Dy. Commissioner of Police,
Chh. Sambhajinagar
Zone No.2, Sambhaji Colony,
N-6, CIDCO, Chh. Sambhajinagar.
3] The Police Inspector,
Harsool Police Station,
Tq. and Dist. Chh. Sambhajinagar. ...RESPONDENTS
Mr. R. G. Hange, Advocate for the Petitioner.
Smt. A. S. Deshmukh, AGP for Respondent-State.
CORAM : KISHORE C. SANT, J.
RESERVED ON : 16th JULY 2025.
PRONOUNCED ON : 5th AUGUST 2025.
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ORDER :
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1. Heard Mr. Hange, the learned Advocate for the petitioner, and
Smt. Deshmukh, the learned APP for Respondent-State. The petition is
taken up for final disposal at the stage of admission with the consent of
the parties.
2. The present writ petition arises out of proceedings under Section
56(1)(b) of the Maharashtra Police Act, 1951 (for short, "the said Act").
The petition challenges the action of externment passed by the learned
Deputy Commissioner of Police, Zone-II, Chh. Sambhajinagar dated 31 st
January 2025 and confirmed by the learned Divisional Commissioner,
Chh. Sambhajinagar, by his judgment and order dated 16 th April 2025 in
an appeal.
3. The facts giving rise to the present petition are that the petitioner
was served with a show cause notice dated 4 th December 2024 by the
Assistant Police Commissioner, CIDCO Division, Chh. Sambhajinagar. It
is stated in the said notice that the activities of the petitioner are
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dangerous to the society, and that the people in the society are
apprehending danger or threat to their life and property. The people in
the society are not coming forward to give statements against the
petitioner, etc. Say was called of the petitioner. It is further considered
that the following offences were pending against the petitioner.
(i) C.R. No.61/2023 dated 31st March 2023, registered with
Harsool Police Station, for offences under Sections 326, 141,
143, 147, 149, 201 of IPC;
(ii) C.R. No.218/2024 dated 18 th August 2024 registered with
Harsool Police Station for offences under Sections 108,
351(2), 351(3), 3(5) of BNS and;
(iii) C.R. No.221/2024 dated 21st August 2024 registered with
Harsool Police Station for offences under Sections 3, 4 and 25
of the Arms Act and Section 135 of Maharashtra Police Act.
4. The action of externment from Chh. Sambhajinagar City and
district for two years was proposed. The petitioner appeared by filing say
dated 13th December 2024. The petitioner stated that the offence in C.R.
No.61/2023 is filed with a political motive and due to vengeance, as the
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petitioner happens to be a Member of Gram Panchayat Ohargaon. He
contended that it was a counter-blast to a complaint filed against the
informant by some of the relatives of the petitioner. So far as Crime
No.218/2024 is concerned, it is stated that the said complaint is pending
and the petitioner is on bail. So far as third case i.e. C.R. No.221/2024,
it is stated that on inquiry, no arm is found. There is also one chapter
case where action under Section 107 of Cr.P.C. is taken. He, therefore,
prayed that no action be taken.
5. The learned Deputy Commissioner of Police considered that three
offences are pending against the petitioner i.e. C.R. No.61/2023 is
pending before the Court and other two offences are under
investigation. There is also one chapter case No. 76/2023. He further
considered the statements of secret witnesses and the inquiry report
wherein there was an action proposed to extern the petitioner for two
years. The learned Deputy Commissioner, therefore, passed an order
externing the petitioner for two years from District Chh. Sambhajinagar
and issued a final show cause notice calling upon him as to why no
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action be taken. Petitioner appeared and submitted his say on 8 th
January 2025.
6. The learned Deputy Commissioner of Police, vide order dated 31 st
January 2025, passed an order externing the petitioner from Chh.
Sambhajinagar for one year. The petitioner filed an appeal before the
learned Divisional Commissioner. Vide order dated 16 th April 2025, the
learned Divisional Commissioner rejected the appeal. The petitioner,
therefore, approached this Court.
7. Mr. Hange, the learned Advocate for the petitioner, vehemently
argued that there are only three cases pending against the petitioner.
Out of three cases, only one is pending in the Court, and two cases are
still under investigation. No conviction is recorded in any of the cases.
Both the authorities have thus failed to appreciate that mere pendency
of cases is not a sufficient ground to take action of externment. One of
the cases is only under the Arms Act, where no bodily offence is made
out. He submits that the action is only due to village politics. The
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learned Deputy Commissioner of Police has accepted the report
submitted by the Assistant Commissioner of Police indicating lack of
personal satisfaction. Even the notice issued by the Deputy
Commissioner of Police was flawed, and in his submission, the action is
totally without any foundation. He, therefore, prays for allowing the writ
petition.
8. Smt. Deshmukh, the learned APP, vehemently opposed the
petition. She submits that there are three offences pending against the
petitioner. Now, the charge-sheets have been filed in the cases which are
shown to be under investigation. The first crime was registered in the
year 2023, for offences under Sections 326, 141, 143, 147, 149, 2021 of
the IPC. She argued that the action of externment is a preventive action,
wherein the conduct of a person needs to be seen. The action is taken on
the report submitted by the responsible police officer. There are two
offences registered in the year 2024 i.e., one offence registered on 18 th
August 2024, and immediately within a week's time, another offence
came to be registered. It is shown that the petitioner is actively involved
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in criminal activities. She further submits that the petitioner is found
with dangerous weapon, which creates terror in the minds of people.
From the papers available with her, she submits that the petitioner
moved around with a dangerous weapons. There are secret statements
recorded of two persons. From those statements it is clearly seen that the
petitioner is involved in the activities of fighting and ransom, etc. He
even prepared reels, creating terror in the minds of people. He had taken
an amount of Rs.500/- from one of the persons, who gave a secret
statement, by showing a fighter. Another secret statement maker also
mentions that an amount of Rs.900/- was taken from him by showing a
knife. She thus submits that a case is made out to take action of
externment. She prays for rejection of the writ petition.
9. After hearing the parties and going through the petition and the
papers produced by the learned APP, it is clear that the material available
with the authorities consists of the record of three cases pending against
the petitioner. Two of these cases are still under investigation. Now
charge-sheet is filed as per learned APP and one case is pending before
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the Court, but the same has not yet concluded. There is also one chapter
case where action under Section 107 of Cr.P.C. has been taken. The
offence in C.R. No.61/2023 under Section 326 of IPC though is a serious
offence, no conviction has been recorded yet. In C.R. No.218/2024, the
allegation is of abetment to commit suicide, however, the complaint was
filed based on suspicion that it is the petitioner who has abetted a
suicide. However, the said offence is still under investigation. C.R.
No.221/2024 is under Arms Act. It was filed on the basis of some reels
circulated on a whats-app group where he is shown standing in front of
a car with a rifle and a sword.
10. This Court finds that certainly, this much material cannot be said
to be sufficient enough to take action of externment. The offences are
pending only at one police station i.e. Harsool Police Station and still the
action is taken for the entire district.
11. The learned Advocate for the Petitioner has relied upon the
judgment in the case of Sujit Punamchand Kahate/Rajput Vs. The
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Divisional Commissioner and Ors. passed in Criminal Writ Petition No.
198 of 2025 dated 10th July 2025 (Aurangabad Bench). This Court, in
the said case, by considering the earlier judgment, had set aside the
order of externment.
12. Learned APP relied upon the judgment in the case of Akash @
Guddya Dnyaneshwar Jadhav and Anr. Vs. The State of Maharashtra and
Ors. passed in Criminal Writ Petition No.504 of 2025 dated 23 rd June
2025 (Aurangabad Bench). In the said case, this Court had modified the
order of externment by restricting it only to the extent of one Taluka
where the offences were registered against the petitioner therein.
13. Considering the overall material, this Court finds that this material
is not sufficient to take action to extern the petitioner from entire district
for one year. This Court is, therefore, inclined to allow the writ petition.
Hence, the following order:
ORDER
(i) Criminal Writ Petition stands allowed in terms of prayer clause (B)
which reads as under:
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"To quash and set aside the order dated 31.01.2025
passed by Dy. Commissioner of Police Chhatrapati
Sambhajinagar Zone No.2, of Externing petitioner from
the area of Police Commissionerate Chhatrapati
Sambhajinagar and District for one year and order dated
16.04.2025 passed by Divisional Commissioner
Chhatrapati Sambhajinagar confirming the said order of
externment for one year."
(ii) With this, criminal writ petition stands disposed off.
[KISHORE C. SANT, J.]
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