AVINASH UTTAM KATKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition takes exception to the order passed by the Sub-Divisional Magistrate, Miraj, in Externment Case (Mag/Extns/ Sr. No.23/2022 dtd. 21/12/2022, externing the petitioner for a period of one year from district Sangli and Kolhapur from the date when he removes himself from those areas, in the exercise of power under Sec. 56(1)(a)(b) of the Maharashtra Police Act, 1951.

(2.) On 26/8/2022, respondent No.3 issued a show cause notice to the petitioner seeking an explanation as to why the petitioner shall not be externed from districts Sangli, Kolhapur, Satara and Solapur. The petitioner filed a reply to the show cause notice pointing out that he has not committed any Act which would affect public peace or tranquility. The offences referred to in the notice are pending. The petitioner has not been convicted for any offence. Respondent No.3, by the impugned order dtd. 21/12/2022, externed the petitioner for a period of one year in the exercise of power under Sec. 56(1)(a)(b) of the said Act.

(3.) The petitioner had the remedy of statutory appeal. However, the petitioner did not file a statutory appeal within the prescribed time. The appellate authority has no power to condone the delay in filing an appeal. Therefore, the petitioner has invoked the writ jurisdiction of this court, challenging the order passed by the first authority.