MRUNAL BHALCHANDRA GHODKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, considering the challenge raised in the above Writ Petition, made returnable forthwith and heard.

(2.) The above Writ Petition filed under Article 226 of the Constitution of India takes exception to the order dated 26/10/2017 passed by the Appellate Authority i.e. the Divisional Commissioner, Nashik Division, Nashik by which order the Appeal filed by the Petitioner came to be partly allowed and resultantly the period of externment mentioned in the externment order dated 25/08/2017 passed by the Externing Authority i.e. the Deputy Commissioner of Police, ZoneI, Nashik came to be curtailed to one year.

(3.) It is not necessary to burden this order with unnecessary details. Suffice it would be to state that, the Petitioner herein was issued a show cause notice by the Respondent No.2 herein who is the Externing Authority under Section 56(1)(b) of the Maharashtra Police Act, 1955 (for short "the said Act"). By the said show cause notice the Petitioner was asked to show cause as to why the Petitioner should not be externed from Nashik Commissionerate area and Nashik Rural for a period of 2 years. The Petitioner replied to the said show cause notice vide his reply dated 25/08/2017. In the said show cause notice the Externing Authority had adverted to the five FIRs which were registered against the Petitioner at the Bhadrakali Police Station, Nashik. The table containing the said FIRs finds a place in the order dated 26/10/2017 passed by the Appellate Authority, however, as indicated above a reference to the same has been made in the order dated 25/08/2017 passed by the Deputy Commissioner of Police, ZoneI, Nashik City. As can be seen from the table, the FIRs have been registered in the year 2009 to 2016 for the offences which are punishable under Section 324, 323, 143, 147, 504 of the Indian Penal Code and Section 135 of the Maharashtra Police Act. The Externing Authority on the basis of the material on record and having regard to the fact that the offences in respect of which the FIR has been registered are the part of Chapters XVI and XVII of the Indian Penal Code, passed the order dated 25/08/2017 externing the Petitioner for a period of 2 years from the Nashik Commissionerate area as also Nashik Rural area under Section 56(1)(b) of the said Act. Whilst passing the order of externment, the Externing Authority has reached a subjective satisfaction that the Petitioner on account of his activities is required to be externed from the area which finds a mention in the externment order.