BILAL GULAM RASUL PATEL Vs. DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) Heard Mr. Amin Solkar, the learned Counsel for the petitioner and Ms. Usha Kejriwal, learned A.P.P. for the State.

(2.) Rule. Rule made returnable forthwith, with the consent of the parties.

(3.) The petitioner, by way of this petition, has challenged the order of externment dated 15th April, 2013 passed by the Sub-Divisional Magistrate, Thane Division, Thane, externing him from the limits of Thane, Pune, Nashik, Mumbai City, Mumbai Suburban Districts for a period of one year. Although the petitioner has not preferred an appeal against the said order of externment, we have entertained this petition only in view of the fact that the impugned order of externment dated 15th April, 2013 was informed to the petitioner at his residence as late as 27th September, 2013 and immediately thereafter in October, this petition has been filed and is pending since then. In view of the peculiar facts of this case, as an exception, we have entertained this petition, although an alternate efficacious remedy was available to the petitioner by way of an appeal.