SHEIKH JAFAR SHEIKH JABBAR Vs. STTAE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of Adv. Naik with Adv. Agrawal for petitioner and Shri Ukey, learned Additional Public Prosecutor for respondents. Perused the papers.

(2.) Challenge is to an order of externment dated 29/4/2014 passed by respondent no.3 Deputy Commissioner of Police and appellate order dated 4/8/2015 passed by respondent no.2 Divisional Commissioner.

(3.) Facts show that initially a notice for proposed externment was issued on 4/9/2013 under Section 56(1)(a) and (b) of Maharashtra Police Act, 1951. That notice while mentioning criminal background of petitioner takes note of six offences registered at Nagpuri Gate and Kotwali Police Stations at Amravati and one offence registered at Police Station, Pandharkawda District Yavatmal. It also points out preventive action under Section 110 of Criminal Procedure Code taken against him on 1/5/2012 and 7/11/2012. It is mentioned that because of fear and his conduct, witnesses were not forthcoming. It was replied to by the petitioner and on 12/12/2013, competent Authority, namely, Deputy Commissioner of Police, Zone-II, Amravati dropped the action. He observed that if any offence was registered thereafter against petitioner, a new proposal for externment should be submitted. Second such show cause notice was issued on 21/1/2014, third such notice was issued on 17/2/2014 and thereafter one more notice was issued on 7/4/2014. The notice dated 7/4/2014 mentions offences dated 6/2/2014 registered as Crime No.35/2014 under Sections 147, 148, 149, 307, 506(B), 323 and 341 read with Section 34 of Indian Penal Code, Sections 3, 4 and 25 of Arms Act and Section 135 of Maharashtra Police Act. Thus, this is only subsequent offence in terms of order dated 12/12/2013 passed by respondent no.3 and mentioned by us supra. It is not in dispute that this offence has been quashed by this Court on 7/10/2014.