NASIR BEG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Mirza, Advocate for petitioner and Mr. Thakre, A. P. P. for state. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties. The petitioner herein is challenging the order of Sub divisional Magistrate, Mangrulpir dated 25. 10. 2007 in Criminal case No. Bombay Police Act 56/karanja/10/ 2006 by which he externed the petitioner for the period of one year from Washim District.

(2.) FACTS leading to this petition can be stated thus. It is alleged that petitioner is facing Criminal cases arising out of Crime No. 34/2001 for the offence under section 354, 380 of the Indian Penal Code, Crime no. 2/2005 for the offence under section 461 and 380 of the Indian Penal Code, Crime No. 122/2005 for the offence under section 353, 504 of the Indian Penal Code, and Crime No. 30/2006 for the offence under section 380 of the Indian Penal Code. In show cause notice issued to the petitioner, it was stated that there are four offences registered against him. His conduct was not improved and his tendency to commit offences was increasing day by day and to check his criminal activities and for seeking improvement in his criminal conduct, notice under section 56 and 57 of the Bombay Police Act to show cause as to why he should not be externed for two years from district Washim, was issued. This notice was issued on 15. 1. 2007. Later on one another notice was issued on 18. 6. 2007 which precisely contained same allegations. The petitioner then filed his say, whereby he contended that in first case i. e. in crime no. 24/2001 he was acquitted and though rest of the cases were pending against him, he was falsely implicated therein. It was also contended by him that whenever there used to be theft in karanja town, he used to be arrested and after taking P. C. R. s he used to be discharged. According to him, he was never convicted for any offence. His behavior was certified to be good by the Municipal councillor Abdul Nazir Mohammad Umar. According to him, he is a poor labour, he had minor children and old parents and he has never committed any offence. According to him, his behaviour was good and police had prepared false record against him to ensure success in externment proceedings. He had filed a character certificate of Police Patil of Karanja Town. Shri Bhoyar and also of the above mentioned Municipal Councillor Abdul nazir. He had along with his reply also filed certificate signed by some persons to show that the petitioner is labourer and he did not give any troubles to them.

(3.) LEARNED S. D. M. however passed impugned order dated 25. 11. 2007 by which he externed him out of Washim District for one year.