SARFARAZ MUSHTAQUE KHAN Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2021-9-6
HIGH COURT OF BOMBAY
Decided on September 06,2021

Sarfaraz Mushtaque Khan Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

S.S.SHINDE,J. - (1.) Rule. Rule made returnable forthwith with the consent of the learned Counsel appearing for the parties and heard finally.
(2.) This petition is filed praying for the following substantive relief: "b) This Hon'ble Court be pleased to quash and set-aside impugned order dated 02-03-2021 passed by Respondent No.2 in Appeal No.15 of 2021 and impugned order dated 11- 01-2021 passed by Respondent No.3 u/s 56(1)(a)(b) of the Maharashtra Police Act, 1951."
(3.) The brief facts leading to the filing of the present writ petition are as under:- On 19th October, 2020, the petitioner was issued a show-cause notice by Respondent No.4 under section 59 of the Maharashtra Police Act seeking explanation as to why he should not be externed under section 56(1)(a)(b) of the Maharashtra Police Act, 1951. A reply was submitted by the petitioner on 7th November, 2020 to the said notice. Thereafter, another show-cause notice was issued to the petitioner on 30th November, 2020 similar to the show-cause notice dated 19th October, 2020, to which the petitioner filed his reply dated 11th December, 2020. After considering the reply of the petitioner, Respondent No.3 - the Deputy Commissioner of Police, Zone - I, Thane passed an externment order dated 11th January 2021 thereby externing the petitioner from the revenue boundaries of Thane, Mumbai City, Mumbai Suburban, Raigad and Palghar Districts for a period of two years. The said order was challenged by the petitioner before Respondent No.2 - The Divisional Commissioner, Mumbai by filing an Externment Appeal No.15 of 2021, which was dismissed by Respondent No.2 vide his order dated 2nd March, 2021. Hence, this petition. ;


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