FIROJKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Heard finally with the consent of the learned counsel for the parties. The challenge in the present writ petition is to the order dated 30th November, 2013 passed by the respondent no. 1 thereby externing the petitioner for a period of two years from the local limits of Nagpur District. The aforesaid order has been passed under Section 56 of the Bombay Police Act, 1951 (hereinafter to referred to as the 'said Act' for short).

(2.) The facts insofar as they are relevant for adjudicating the present controversy are that initially on 9/10/2013 the respondent no. 2 issued a notice under Section 59 of the said Act thereby calling upon the petitioner to show cause as to why proceedings should not be initiated for externing the petitioner from Nagpur City as well as Nagpur Rural District. In aforesaid notice there was reference to about 23 criminal cases in which the petitioner was an accused. A reference was also made to threats received by witnesses that had been given at the behest of the petitioner. The petitioner submitted his reply to the aforesaid notice. However, not being satisfied by the said reply, a report dated 30th of October, 2013 was prepared by the respondent no. 2 and submitted to the respondent no. 1.

(3.) Thereafter, another notice under Section 59 of the said Act was issued to the petitioner based on aforesaid report dated 30th of October, 2013. In said notice reference was also made to the 23 criminal cases in which the petitioner was an accused. The petitioner on 19th November, 2013 submitted his reply and denied the assertions made in the said notice. It was stated that the petitioner had been acquitted in all the 23 criminal cases and hence there was no legal basis to extern the petitioner as proposed in the show cause notice. Thereafter, on 30th November, 2013 the impugned order of externment for a period of two years from Nagpur district was passed against the petitioner. It is this order that has been passed under Section 56(1)(a)(b) of the said Act that has been challenged in the present writ petition.