NILESH Vs. DIVISIONAL COMMISSIONER, AMRAVATI DIVISION

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The petition is heard finally by consent of the learned advocates for the parties.

(2.) In this criminal writ petition, filed under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order dtd. 13/7/2022 passed by the respondent No.1- Divisional Commissioner, Amravati confirming the order of externment passed by the respondent No.2 and also the order dtd. 9/5/2022 passed by the respondent No.2-Deputy Commissioner of Police, Division-2, Amravati, whereby the petitioner is directed to remove himself outside the limits of Amravati District for a period of two years.

(3.) The facts leading to the filing of the petition can be summarized as follows: The respondent No.2 by invoking the provisions of Sec. 56 sub-sec. (1), clauses (a) and (b) of the Maharashtra Police Act, 1951 (hereinafter referred to as "the Act of 1951" for short), ordered externment of the petitioner and directed him to remove himself outside the limits of Amravati District for a period of two years. The respondent No.2 to arrive at subjective satisfaction before passing the order, placed reliance on 19 crimes registered against the petitioner and others at various police stations within the limit of the Amravati City. The details of those crimes are as under: