Decided on January 10,2020

Rahul Alias Pintu Alias Kalu Appellant


MILIND N.JADHAV,J. - (1.) Rule. Rule made returnable forthwith. Heard finally by consent of the parties.
(2.) By the present petition, the petitioner is challenging the order dated 16.03.2019 passed by the respondent no. 2-Deputy Commissioner of Police, Zone 5, Nagpur City, Nagpur, under the provisions of Section 56(1)(a)(b) of the Maharashtra Police Act, 1951 (in short 'the Act of 1951'), inter alia, directing externment of the petitioner from city of Nagpur and Nagpur District for a period of 1 1/2 years. In the present case, in respect of action to be initiated under Section 56(1)(b) of the Act of 1951, respondent no. 1-State has delegated the powers to the Commissioner of Police, Nagpur City, Nagpur and further the Commissioner of Police, Nagpur City, Nagpur has delegated the powers to respondent no. 2 i.e. Deputy Commissioner of Police, Zone-5, Nagpur City, Nagpur. The Assistant Commissioner of Police, Kamptee Division, Nagpur was entrusted with work of enquiry in the matter and to submit the proposal to extern the petitioner. Section 56(1)(b) of the Act of 1951 reads thus :- "56. Removal of persons about to commit offence. - (1) * * * * (a) **** (b) that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapters XII, XVI or XVII of the Indian Penal Code, or in the abetment of any such offence and when in the opinion of such officer witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part as regards the safety of their person or property, or"
(3.) Accordingly, notice dated 15.12.2018 was issued under the provisions of Section 59 of the Act of 1951, calling upon the petitioner to submit his explanation regarding the reasons stated in the said notice. The said notice discloses a list of offences registered against the petitioner, action initiated in the matters and pendency of cases against the petitioner in Court. In addition to the above, there was also reference made to the prohibitory orders and recording of in-camera statements of certain witnesses against the petitioner for initiating action of externment. In all, there were six offences registered against the petitioner under various Sections between 2013 and 2018 for criminal intimidation, stone pelting, damage to public property, causing hurt, possessing arms, trespass, rioting, arson etc. The petitioner filed his detailed reply dated 11.01.2019 to the said notice.;

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