MAHAVIR SAREMAL JAIN Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2013-1-144
HIGH COURT OF BOMBAY
Decided on January 21,2013

Mahavir Saremal Jain Appellant
VERSUS
STATE OF MAHARASHTRA Respondents





Cited Judgements :-

AMOL S/O SURESH MEHAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-12-77] [REFERRED TO]
PAPPU @ AKHILESH SHIVSHANKAR VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2016-12-99] [REFERRED TO]


JUDGEMENT

- (1.)Rule. Rule made returnable forthwith and Heard by consent.
(2.)The petitioner seeks to invoke writ jurisdiction of this court questioning validity of the order dated 31-08-2012 in appeal no EXT 2012 /128 passed by the Principal Secretary, Home Ministry of the State of Maharashtra who dismissed the appeal of the Petitioner against the externment order dated 05-06-2012 passed by the Deputy Commissioner of Police Zone -2 Mumbai, whereby externing the Petitioner from the Districts of Brihan Mumbai (Greater Mumbai) Mumbai Police Commissioner Zone, Navi Mumbai, Thane and Raigad for period of one year with effect from the date the petitioner is externed.
(3.)It is case of the Petitioner that on 15-03-2012 the Petitioner was called by the Assistant Commissioner of Police, Gaondevi and was handed over an order dated 15-03-2012 and was directed to furnish surety. The Petitioner had furnished surety of Shri Anant Advilekar on the same day. The Petitioner was allowed to go. On 03-04-2012 the Petitioner had made written representation before the Asst, Commissioner of Police. On 25-04- 2012 the Petitioner had received the notice no. 1123 of 2012 from the respondent no. 2 Deputy Commissioner of Police directing him to appear on 26-04-2012 and thereafter the Petitioner was called on 09-05-2012. The Petitioner filed the written representation. The externment order no. 153 /C/43/2012 dated 05-06- 2012 at Gaondevi Police Station was issued by Shri Anil Kumbhare, Deputy Commissioner of Police Zone II , Mumbai to the petitioner in exercise of power under Section 56 of the Bombay Police Act, 1951, whereby the Petitioner was directed to be externed from the Districts of Greater Mumbai, Navi Mumbai and Thane, Raigad Districts for the period of one year with effect from the date the externment is put in to operation by externing the Petitioner. The said Deputy Commissioner of Police passed the order of externment on the ground that Crime no. 54 of 2012 was reported against the Petitioner at Gaondevi Police station under Section 354, 504, 506, 509 of the IPC in which the Petitioner was granted Bail. The decision making authority did not bother as to whether the Petitioner has misused or abused liberty enjoyed by him pursuant to the grant of bail order in favour of the Petitioner. The order was challenged in appeal before Secretary, Home Department Government of Maharashtra. The Appeal was rejected on 31-08-2012. It is case of the Petitioner that he is law abiding Citizen, resident of Gaondevi , Mumbai 400 007.


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