BHAIYALAL BABULALNAND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by consent of the learned counsel for the parties. By this application under Section 482 of the Criminal Procedure Code, the applicant is praying for quashing and setting aside impugned order dated 31.07.2014 passed by the Sub-Divisional Magistrate, Jalna, in proceeding case W.S. No. 2014/MAG/CR-27.

(2.) The learned counsel appearing for the applicant confined his arguments to only one ground that, without recording subjective satisfaction and reasons in the externment order, the applicant is externed from two districts i.e. Jalna and Aurangabad. It is submitted that, offences which are registered against the applicant are in Sadar Bazar Police Station located at Jalna. It is submitted that, even the alleged prejudicial activities of the applicant, as stated in the show-cause notice, are in the vicinity of Sadar Bazar area at Jalna. Therefore, the learned counsel appearing for the applicant submits that, the order is excessive, in as much as, the applicant is externed from Jalna and Aurangabad districts.

(3.) The learned Additional Public Prosecutor relying upon the show-cause notice and reasons recorded in the order of externment passed by the Sub-Divisional Magistrate, Jalna Division, Jalna submits that, the externment order is in conformity with the material placed on record and also within fore corners of the provisions of Sections 56 and 59 of the Bombay Police Act, 1951, therefore, this Court may not interfere in the impugned order.