SHIVAJI GANPATRAO HARALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. With consent of the learned counsel for parties, the petition is taken up for final hearing immediately.

(2.) BY this petition, the petitioner has challenged the order dated 30-12-2005 passed by the Sub Divisional Magistrate, Parbhani for his externment from seven districts and dismissal of his appeal by the respondent No. 1 i. e. Principal secretary, Home Department, Government of Maharashtra on 26-5-2006.

(3.) TO state in brief, on 28-10-2005 S. D. M. Parbhani issued show cause notice to the petitioner informing him that P. S. I. Daithana police station, had proposed for his externment from the area of seven districts for a period of two years. The S. D. P. O. Parbhani had after enquiry, also proposed his externment for a period of two years on the ground that he was involved in six cases under the indian Penal Code and one chapter case under section 110 of Criminal Procedure code during the period from 2002-2004 and that no witnesses were willing to come forward to give evidence against him. His presence in the area is dangerous for life and property of the people. On these allegations, by the said notice, he was called upon to submit his explanation on 14-11-2005, to show cause as to why order for externment should not be passed. Notice was served on the petitioner. He was given opportunity to explain. On 30-12-2005, the impugned order for his externment from seven districts i. e. Parbhani, Hingoli, Nanded, jalna, Beed, Buldhana and Latur for a period of two years, was passed under section 56 of the Bombay Police Act, 1951. This order was challenged before the respondent No. 1 in Appeal No. 85 of 2006. That appeal also came to be dismissed on 26-5-2006. The petitioner, by filing this petition under Article 227 of the Constitution of India, has challenged both the orders.