LAWS(BOM)-2015-1-363

ASHFAQ Vs. THE STATE OF MAHARASHTRA

Decided On January 07, 2015
ASHFAQ Appellant
V/S
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by consent of the learned counsel for the parties.

(2.) By this application under Sec. 482 of the Criminal Procedure Code, the applicant is praying for quashing and setting aside impugned order dated 07.10.2014 passed by the Sub -Divisional Magistrate, Parbhani in Case No. 2013/BPA/Exten.

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