M G Sewlikar,J. - (1.) This is a writ petition fled under Article 226 and 227 of the Constitution of India and under section 55 of the Maharashtra Police Act, 1951 challenging the order of externment passed by the respondent no.4 and confrmed by respondent no.2.
(2.) By notice dated 30.9.2020 under section 55 of the Maharashtra Police Act, 1951 the petitioner was called upon to explain as to why he should not be externed from the District Jalgaon as he is in the habit of committing offences relating to property and offences affecting human body. It is alleged that the offence under section 379 r/w 34 of the IPC has been registered against the petitioner in Jalgaon Taluka police station. It is further alleged that offence under section 379 r/w section 34 vide crime no.54 of 2017 has been registered against the petitioner and others in Shanipeth Police Station. It is further alleged that Pravin Gokul Sapkale is a gang leader and the proceedings under section 107 of Cr.P.C. were initiated against him in the year 2012 and 2018 in Jalgaon Taluka Police Station and Shani Peth police station respectively. Accordingly, the petitioner furnished his explanation. Said explanation did not fnd favour with the Externing Authority respondent no.4. Respondent no.4 externed the petitioner for a period of one year from the entire Jalgaon District vide order dated 28.9.2020.
(3.) The petitioner preferred appeal before the Divisional Commissioner, Division Nashik bearing Externment Appeal No.86 of 2020. Respondent no.2, the Divisional Commissioner, after giving hearing to the petitioner, dismissed the appeal vide his order dated 28.12.2020. This order is impugned in this writ petition.;