BIBANSINGH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel appearing for the petitioners and learned APP for State. Rule. Rule returnable forthwith. By Filing the present writ petition, the petitioners have prayed for issuance of appropriate writ, thereby quashing for the order of externment passed by Respondent No. 2 herein on 27th September, 2012.

(2.) The leaned Counsel for the petitioners submitted that after the notice dated 9.4.2012, under the signature of Respondent No. 2 was served upon them, calling upon them to show cause as to why they shall not be externed, they have submitted their explanation on 7.8.2012, clearly mentioning therein that out of 5 crimes under Indian Penal Code alleged to be pending against them, as mentioned in the notice dated 9.4.2012, in three cases, i.e. RCC No. 705/2011 (State vs. Zelsiongh and Ors.); RCC No. 179/2010; and RCC No. 316/2009 (State vs. Roshansingh Bawari), they were acquitted by the competent court and that in remaining two cases, the petitioners were shown as accused in only one case and that was filed against them as a counterblast to the complaint, which they had filed against the complainant in the said case.

(3.) Learned Counsel further submitted that the petitioners challenged the impugned order by filing an appeal before the State Government. However, the Secretary, Home Department, Government of Maharashtra also, without considering the contentions raised by the petitioners, mechanically confirmed the order passed by Respondent No. 2.