DILAJI BHARATBHAI VIHOL Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) Dilaji Bharathaji Vihol-externee through his wife Taraben-petitioner has filed this petition challenging the order dated 25th July, 2005 passed by respondent No.1 under the provisions of Bombay Police Act, 1951 (hereinafter referred to as 'the Act') and has, further, prayed for appropriate writ or mandamus as well as certiorari to quash and set aside the order passed by respondent No.2, externing the petitioner from the City of Ahmedabad Rural, Gandhinagar, Kheda and Mehsana districts in this behalf.

(2.) The present petition was filed on 11th October, 2005 and my learned brother Hon'ble Mr. Justice A.S. Dave issued RULE on 21st October, 2005 and the same was made returnable within four weeks and that is why this matter has come up before this Court.

(3.) I have heard, Mr. N.M. Kapadia, learned Advocate for the petitioner in this behalf . He has invited my attention to show-cause notice dated 16.04.2004 under Section 56B of the Bombay Police Act. Thereafter, petitioner has filed a reply dated 17.05.2004. He has further alleged in the petition that final hearing took place before the respondent No. 1 in August, 2004 but no final order was passed by the authority in this behalf, immediately.