JANARDAN RAMCHANDRA KUTHE Vs. SUB DIVISIONAL MAGISTRATE ALIBAUG

JUDGEMENT

(1.) THIS Criminal Writ Petition is filed by the petitioner, being aggrieved by the order of externment, being externment proposal No. 8/92 dated 26th March, 1994 passed by the Sub-Divisional Magistrate, Sub-Division, Alibaug. The Secretary to the Government of Maharashtra (Appeal and Security), Home Department, Bombay by his order dated 26th August, 1994 confirmed the externment order with slight modifications in Appeal No. Ext. 2194/82-SPL-5.

(2.) IT is the contention of Mr. Kachare, the learned Advocate appearing for the petitioner/accused, that since the time of two years has expired, this petition has become infructuous. He, however, admits that after the order was served upon the petitioner, the petitioner did not remove himself from the area, and he in fact obtained stay order from this Court on 30th January, 1994.

(3.) MR. Salvi, the learned A. P. P. for respondents, on the other hand, brings to my notice the judgment of this Court, reported in 1991 (4) Bom. C. R. 233 : 1992 Mh. L. J. 1233 (Sharad Chandanlal v. State of Maharashtra), in which it has been held that the order of externment shall cease to have effect on the day when period specified in the order commencing from day the externee removes himself from the said locality expires, and that, grant of stay by the High Court or by the State Government, has no effect to extend outer limit fixed by section 58 of the Bombay Police Act, 1951 for operation of the order. Section 58 of the Bombay Police Act, 1951 states that,