PAWAN KISHOR PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr Rohan Hogle, the learned Counsel for the petitioner and Ms Sangita Phad, the learned Additional Public Prosecutor for the respondent/State.

(2.) The impugned externment order dtd. 20/6/2024 passed by Deputy Commissioner of Police, Division-IV, Ulhasnagar, Thane, prohibited the petitioner from entering Thane, Mumbai city and Mumbai suburbs districts for a duration of two years. Aggrieved thereby, the petitioner filed an appeal bearing Externment Appeal No.124 of 2024 under Sec. 60 of the Maharashtra Police Act, 1951, ('the Act'), before the Divisional Commissioner, Konkan Division, Mumbai. On 30/9/2024, the Appellate Authority, declined to interfere with the externment order. According to the Appellate Authority the externment authority had adequately justified its subjective satisfaction. Being aggrieved with these orders, the petitioner has filed the present petition.

(3.) Mr Rohan Hogle, the learned Counsel appearing on behalf of the petitioner, contends that the show cause notice lacks reasonable grounds for the petitioner's externment and fails to meet the requirements outlined in Sec. 56 of the Act. The learned Counsel further submits that while the authority considered the crimes registered against the petitioner, these do not fall within the ambit of Clause (b) of Sub-Sec. (1) of Sec. 56 of the Act. Specifically, the order references crime No.482 of 2023 was registered shortly before the issuance of the show cause notice, the petitioner had been acquitted in all other cases prior to the notice.