LAWS(BOM)-2016-8-349

SUNIL SHRIRAM WANKHEDE Vs. STATE OF MAHARASHTRA, THROUGH ITS SECRETARY, HOME DEPARTMENT, MANTRALAYA, MUMBAI

Decided On August 16, 2016
Sunil Shriram Wankhede Appellant
V/S
State Of Maharashtra, Through Its Secretary, Home Department, Mantralaya, Mumbai Respondents

JUDGEMENT

(1.) Heard Shri Mir Nagman Ali, learned Counsel for the petitioner and Ms. M.H. Deshpande, learned A.P.P. for respondents. Considering the nature of controversy involved and with consent of the parties, Writ Petition is taken up for final disposal at the stage of admission. Hence, Rule is made returnable forthwith.

(2.) Order of externment under Sec. 56[1][b] of the Maharashtra Police Act, 1951 passed on 12.05.2016 externing the petitioner for a period of one year out of Districts of Yavatmal, Washim and Amravati is questioned by urging that it is excessive, alleged crimes have no live connection with it, the finding of subjective satisfaction is vitiated because of acquittal of petitioner from three offences is lost sight.

(3.) Learned A.P.P. is relying on the replyaffidavit. She points out that two of the offences are compromised and compounded, hence, the order does not suffer from any nonapplication of mind. It is further pointed out that all relevant facts have been looked into and the competent Authority has found it appropriate to extern the petitioner from three districts.