SHUBHAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. Heard finally by consent of the learned advocates for the parties.

(2.) In this writ petition, the petitioner has challenged the order of his externment dtd. 24/2/2022 passed by respondent no.2 - Dy. Commissioner of Police, Zone-I, Nagpur City, Nagpur as well as the order dtd. 16/6/2022 passed by respondent no.1 - Divisional Commissioner, Nagpur Division, Nagpur, whereby the respondent no.1 confirmed the order of externment in appeal.

(3.) The respondent no.2, by invoking the provisions of Sec. 56 Sub-Sec. (1), clauses (a) & (b) of the Maharashtra Police Act, 1951 (hereinafter referred to as "the Act of 1951" for short), ordered externment of the petitioner and directed him to remove himself outside the limits of Nagpur District for a period of two years. In order to arrive at subjective satisfaction to warrant the order of externment against the petitioner, the respondent no.2 relied upon five crimes registered against the petitioner at Pratap Nagar police station, Nagpur. The details of the crimes are as under : <IMG>JUDGEMENT_134_LAWS(BOM)12_2022_1.jpg</IMG>