LAWS(BOM)-2013-10-131

VICKY BALASAHEB JHAVERI Vs. STATE OF MAHARASHTRA

Decided On October 19, 2013
Vicky Balasaheb Jhaveri Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Mr. K.V. Saste, 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 17th April 2013 and an Appellate Order therefrom, dated 4th July 2013, by which the Petitioner has been externed from the District of Solapur, Pune and Osmanabad for a period of two years. The Externment Order is purportedly passed under Section 56(1)(a) of the Bombay Police Act, 1951.

(3.) We have heard Mr. Gaikwad, learned Advocate for the Petitioner and Mr. Saste, learned APP, and carefully considered the Petition and its annexures, including the two impugned orders. The Externment Order is based on four previous cases registered against the Petitioner between the years 2009 and 2012. There is also a reference in the externment order to two proceedings under Chapter VIII of the Code of Criminal Procedure, 1973. In addition, the externing authorities have relied on two in-camera witness statements.