DARSHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith.

(2.) Heard finally by consent of the learned counsel appearing for the parties.

(3.) The petitioner has questioned the legality and correctness of the order dated 14.10.2010, passed by respondent No.2 thereby externing the petitioner from the limits of Amravati district for a period of two years. This order has been passed in exercise of the power conferred upon respondent No.2 under Section 56(1)(b) of the Maharashtra Police Act. Learned counsel for the petitioner submits that this order not just infringes on the fundamental freedom of movement guaranteed to the petitioner but, does it so in an arbitrary manner without there being available any sufficient material warranting such externment of the petitioner. This is the reason why he submits that the petitioner is justified in directly approaching this Court by invoking Article 226 jurisdiction, instead of filing statutory appeal before the Divisional Commissioner.