AMJAD AFJAL HUSSEIN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Mrs. Mhatre, learned APP, waives service on behalf of the respondents. By consent, Rule made returnable forthwith and petition taken up for final hearing and final disposal.

(2.) The petitioner challenges an Externment Order dated 18th March 2013, and an Appellate Order therefrom dated 17th June 2013, both purportedly issued under section 56(1)(b) of the Bombay Police Act, 1951, by which the petitioner was externed from the limits of Pune City and Pune District for a period of two years.

(3.) We have heard Mr. Deshmukh, learned Counsel appearing for the petitioner, and Mrs. Mhatre, learned APP, and, with their assistance, have read both impugned orders as well as the petition and its various annexures. The Externment Order relies on six criminal complaints said to have been registered against the petitioner. All these offences are registered at a single Police Station, namely, Wanwadi, Pune. These offences range from the years 2005 to 2012. In addition, in the Externment Order, there is a reference to and reliance on the proceedings under Chapter VIII of the Code of Criminal Procedure, 1973. The Externment Order also relies on two in-camera witness statements said to have been recorded by the Police against the petitioner.