BHAUSAHEB JAGANNATH CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Criminal Writ Petition arises out of the proceedings under sections 56 and 60 of the Bombay Police Act, 1951- (for short, the Act ).

(2.) THE respondent No. 2-Sub Divisional Magistrate, Vaijapur, in exercise of his powers under section 56 (bb) of the Act, passed an order on 30-9-1993 externing the petitioner out of Districts Aurangabad, Nasik and Ahmednagar for a period of one year. That order of externment was challenged by the petitioner in an appeal under section 60 of the Act before the respondent No. 1-State of Maharashtra but his appeal was dismissed on 5-5-1994. The petitioner, therefore, challenges the impugned order on the ground of non-application of mind and also that the order of exterment suffers from mala fides.

(3.) THE petitioner is a permanent resident of village Walad, Taluka Vaijapur, District Aurangabad. Since 4-5 years, the petitioner has, however, been residing at Aurangabad and earning his livelihood by working as a rickshaw driver. The petitioner submits that on or about 26-12-1989, he purchased a residential house from one Gangadhar Bandar for valid consideration. Said Gangadhar, however, raised certain disputes with him, for which the petitioner was required to institute a Special Civil Suit No. 341 of 1991 in the Court of Civil Judge (Senior Division), Aurangabad, inter alia, seeking the permanent injunction against him from obstructing his possession over the residential house. The petitioner further submits that as a counter blast, Gangadhar filed a false complaints with the police as Cr. No. 118 of 1991, N. C. No. 56 of 1992, N. C. No. 20 of 1992 and chapter cases 382 and 18 of 1992. The petitioner also submits that sometimes before he could receive show-cause notice on 3-9-92 he filed a Criminal Case against P. S. I. one Uttam Giri and Police Head Constable Birande for his wrongful confinement in the Court of Judicial Magistrate (First Class ). Vaijapur, Dist. Aurangabad. These police officers were after him to compromise the case and also threatening him to bring him in serious trouble in the event he would not compromise the case. It has been specifically stated by the petitioner that he has not been actually residing in the village Walad since last many years, as he has been residing at Aurangabad and earning his livelihood by running the rickshaw. The petitioner also specifically submits that he was never convicted for any of the offences under Chapter XII, XIV or XVI of Indian Penal Code.