VISHNU PANDURANG PATHROD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith, and heard finally with the consent of the learned counsel appearing for the parties.

(2.) This Petition is filed with the following prayer :

(3.) The learned counsel appearing for the petitioner submits that, the order passed by the Respondent No.2 externing the petitioner from two districts i.e. Jalgaon and Dhule is excessive, in as much as, the offences are registered at Bazarpeth Police Station, Bhusawal. He submits that, in the externment proceedings, two offences which are pending against the petitioner, were mentioned. However, the said offences are pending for consideration before the competent Court, and in that offences, the petitioner has not yet been convicted. He further submits that, while conducting the proceedings, there is no compliance of mandate of provisions of Section 57 of the Maharashtra Police Act, 1951 as no proper notice is served on the petitioner. He further submits that, the appellate authority has relied upon the crimes which are pending against the petitioner and wrongly came to the conclusion that, the same will fall within the purview of Sections 16 and 17 of the Maharashtra Police Act. He submits that, though the appellate authority partially modified the order passed by Respondent No.2 and made it enforceable restricting to Jalgaon district only, nevertheless, the other legal aspects as agitated by the petitioner, have not been considered by the said authority. He submits that, no reasons are recoded in the impugned order why the petitioner is externed for two years. Learned counsel therefore relying upon the pleadings in the Petition, grounds taken therein and annextures thereto, submits that, the Petition may be allowed.