VITHAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) - This Criminal Writ Petition is directed against the order of the Sub-Divisional Magistrate, Jalna externing the petitioner for a period of two years from the limits of Jalna district.

(2.) THE petitioner has to his credit three previous convictions, one in crime No. 71/80, second in Case No. 170/81 and third in Case No. 169/81. There is also fourth conviction in the year, 1983 under Section 12-A of the bombay Prevention of Gambling Act, in which he was sentenced to suffer five days imprisonment and to pay a fine of Rs. 25/-, in default, to suffer imprisonment for two days more. That was in case No. 233/1982. It is thus clear that all the criminal cases were prior to 1982 or at the most prior to 1983, and after 1983 to 1988, there is no conviction or criminal case against the petitioner.

(3.) HOWEVER, the Sub-Division Magistrate finding that in view of the previous convictions he was satisfied that the petitioner was likely to engage himself in commission of the similar offences, externed him from Jalna district for two years. It is this order that is being challenged in this writ petition.