VILAS Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) Heard Mr. Amol Mardikar, the learned Advocate for the petitioner and Mr. M.K. Pathan, the learned Additional Public Prosecutor for the State/respondents. Rule. Rule made returnable forthwith.

(2.) The petitioner has challenged the order passed by the Sub-Divisional Magistrate, Warora in Criminal Case No. 10/2011-2012 externing the petitioner from Chandrapur, Yavatmal, Wardha, Nagpur, Bhandara and Gadchiroli districts for 2 years.

(3.) The submissions of the petitioner is that he is having political background, he was member of Panchayat Samiti, Sirpur, he was member of Zilla Parishad, Neri from Sirpur Neri for 5 years, he was head of Shivsena in 2001. He is in the business of decoration and catering at village Wadala (Paiku). According to the petitioner the Authority while passing the impugned order has taken into consideration 9 prosecutions against the petitioner but in Sessions Case No. 86/2002 the petitioner has been acquitted. Shri Mardikar, the learned Advocate for the petitioner, has submitted that all the crimes which are considered by the Authority for passing the impugned order are registered with the police station Chimur and police station Bhisi and there is no reason for externing the petitioner from 6 districts. According to him, the impugned order externing the petitioner from 6 districts is excessive and is violative of the guarantee enshrined under and is unsustainable in law. It is further stated that Police Officer, Bramhapuri has recorded statements of 6 persons in camera and has relied on those statements to extern the petitioner from 6 districts but according to the petitioner the tenor of the in camera statements show that they are not reliable and in any case none of the statements show that the petitioner has committed any act in the recent past on the basis of which the order of externment could have been passed.