RAEES RASHID SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by consent of learned Counsels for respective parties.

(2.) By way of this writ petition, the petitioner prays to set aside the order dtd. 8/9/2021, passed by Respondent No.3 - Sub-Divisional Magistrate, Nandurbar in Externment Proposal No. 02/2021 and also order dtd. 21/12/2021, passed by Respondent No.2 - Divisional Commissioner, Nashik Division, Nashik, in Externment Appeal No. 110/2021. Under the impugned orders, the petitioner has been externed from entire Nandurbar district for the period of eight months under Sec. 56 (1) (a) and (b) of the Maharashtra Police Act, 1951, (herein after referred to as the "said Act ").

(3.) According to the petitioner, he was served with notice under Sec. 59 of the said Act mentioning, as to why he should not be externed from Nandurbar district, since pendency of so many criminal cases against him, as mentioned in the said notice. Thereafter, Respondent No.3, on the basis of said notice, passed an order dtd. 8/9/2021 and thereby externed the petitioner, as aforesaid, by holding that the petitioner always indulges in criminal activities which causes breach of law and order in the area.