MEENAKSHI NARESH THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Mrs. Kantharia, learned APP waives service on behalf of the Respondents. By consent, Rule made returnable forthwith and Petition called out for hearing and final disposal.

(2.) This is a Writ Petition under Article 226 of the Constitution of India. The Petitioner is the wife of one Naresh Singh Sumer Singh Thakur ("Naresh Singh"). The challenge in this Petition is to an Externment Order dated 18th June 2013 passed by the Respondent No. 2, and an Appellate Order passed by Mr. Vineet Agarwal, the 1st Respondent, confirming the Externment Order dated 28th August 2013, by which Naresh Singh has been externed from the limits of Greater Mumbai, Mumbai Suburban, Thane and Raigad districts for the period of two years. We have, with the able assistance of Mr. Khan, learned Advocate for the Petitioner, and Ms. Kantharia, Learned APP, considered the contents of the Petition and the annexures thereto.

(3.) The externment proceedings are under Section 56(1)(a)(b) of the Bombay Police Act, 1951. They are based on a number of criminal cases said to have been registered against Naresh Singh. Five cases are mentioned in the Show Cause Notice issued to Naresh Singh. Of these, three (C. R. No. 187 of 1996, C. R. No. 65 of 2000, C. R. No. 41 of 2009) are of some vintage and are not proximate in time to the Externment Order. The fourth, C. R. No. 279 of 2012, was registered at the Antop Hill Police Station under Sections 387, 506(II) and 323 of the Indian Penal Code. The Respondent authorities seem to have overlooked that in respect of this FIR, Naresh Singh filed Criminal Writ Petition No. 253 of 2013 in this Court. This Court issued notice and granted ad-interim relief directing that investigation may continue but the chargesheet should not be filed. A copy of this order of the Division Bench of this Court passed on 30th January, 2013 was placed before the Respondents Authorities but seems not to have been considered by them at all.