(1.) RULE. Heard forthwith by consent of the learned counsel for the parties.
(2.) BY this petition, the petitioner against whom the order of externment dated 5.3.2005 has been passed by the Respondent no.2 in respect of Amravati City as well as Amravati Rural, has filed this petition challenging the said order.
(3.) MR. Jaiswal, learned counsel appearing for the petitioner has placed the judgments and orders passed by the Magistrates in eight cases out of the said 33 cases in which the petitioner has been acquitted of the offences charged. Placing reliance upon unreported Judgment of this Court dated 20th September, 2006 in Criminal Writ Petition No. 389/06 (Hamid Kha Rahim Kha Pathan vs. State of Maharashtra and another) the learned counsel submitted that the cases in which the petitioner was acquitted could not have been taken into consideration for the purpose of passing the order under Section 56 (1)(a) and (b). In Hamid Kha's case (supra) the learned Single Judge of this court has quashed the order of externment, inter alia, on the ground that the cases in which the petitioner was acquitted were also considered while passing the order of externment. The ratio in the said case is squarely applicable in the present case. Therefore, the petitioner is entitled to succeed on this ground only.