AKSHAY @ NANA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard fnally at admission stage.

(2.) Under this writ petition, the petitioner is seeking quashing of order dtd. 07/09/2020 in Externment Case No. 2 of 2019 passed by Sub-Divisional Magistrate, Parner i.e. present respondent no.3 and also order dtd. 08/12/2020 in the Externment Appeal No. 80 of 2020 passed by the Divisional Commissioner, Nashik i.e. respondent no.2. Under the order dtd. 07/09/2020 respondent no.3 has externed the petitioner from entire Ahmednagar and Pune Districts for a period of six months. Further, under order dtd. 08/12/2020 passed by respondent no.2 the earlier order has been confrmed. It is to be noted here that even though the externment period mentioned in the aforesaid orders is now over but the petitioner has sought quashing of these orders merely because the externment order is yet not executed. We have already noted in our order dtd. 21/02/2022 about submission made by the learned APP, whereby it was submitted that there is no question of expiry of externment period mentioned in the order since it is yet not executed. Be that as it may, we have to consider legality of the impugned orders any how.

(3.) Background facts are as under :