ASLAM SHABBIR SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of both the sides, heard finally at the stage of admission.

(2.) By the present Petition under Article 227 of the Constitution of India R/w Sec. 482 of the Code of Criminal Procedure, the Petitioner takes exception to the order dtd. 28/3/2024 passed by Respondent No.2, Divisional Commissioner, Nashik, in Externment Appeal No.19 of 2024 and whereby affirmed the order passed by Respondent No.3 for externing the Petitioner from Ahmednagar and Pune Districts instead of five districts viz; Ahmednagar, Pune, Nashik, Aurangabad and Beed, for a period of two years.

(3.) On face of record it appears that, the Respondent Police Authorities have sought to invoke Sec. 56(1)(a)(b) of the Maharashtra Police Act, 1951. In pursuance of the proposal for externment of the Petitioner u/sec. 56(1)(a)(b) of the Act, 1951, the Sub-Divisional Police Officer, Shrirampur was authorised under letter dtd. 21/12/2023 to conduct the enquiry. Accordingly, on 13/1/2024, the Sub-Divisional Police Officer (S.D.P.O.), Shrirampur, conducted primary inquiry and submitted it's report stating that, several offences are registered against the present Petitioner with Police Stations i.e. Bhiwandi, Manmad, Newasa, Shrirampur city, Deccan Police Station, Pune. The S.D.P.O., had called the witnesses A and B and recorded their statements as per their say. However, the SDPO found that both the witnesses A and B are frightened to give statement against the Petitioner, so also, no one coming forward to give any statement against the Petitioner due to his criminal activities. Under the said show cause notice, the Petitioner was called upon to submit explanation as to why he should not be externed for a period of two years from above Five Districts with description of series of crimes registered against him. In response to the said notice, the Petitioner submitted his written say and contended that, intentionally false crimes are registered against him. He never indulged into any such criminal activities. The police authorities have shown about registration of crime No.69 of 2002, but he already acquitted by the Sessions Court, Mumbai, on 17/1/2015. He further submits that, Crime No.3057 of 2006 is registered prior to 18 years, but the trial of said crime is still pending. He acquitted in Crime No.175 of 2011 vide judgment and order dtd. 29/6/2013. He also acquitted in Crime No.247 of 2012 on 3/12/2012 by the learned J.M.F.C., Shrirampur. The trial of Crime No.168 of 2012 is pending against him since last 12 years. The Crime Nos. 406 of 2023 and 407 of 2023 are falsely registered against him and no charge-sheets have been filed till issuance of the notice.