VIJAY S/O.NARAYAN WADANGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule made returnable forthwith by consent of parties. The petitioner questions order of externment dated 10th March, 2012 passed by learned Sub Divisional Magistrate, Sangamner Division, Sangamner, externing him from Kopargaon, Sangamner, Shrirampur and Rahata in Ahmednagar district; Vaijapur in Aurangabad district and Yeola, Niphad and Sinnar in Nasik district, for a period of one year, confirmed by the Home Department on 11th June, 2012.

(2.) Smt. Ghanekar, learned Counsel for the petitioner, candidly accepts that by efflux of time, as one year has lapsed, nothing remains. However, she asserts, the petitioner has good ground to challenge the externment order, which qualifies to be an excessive and warrants interference in writ jurisdiction. According to her, the nature of operation in criminal activities of the petitioner is confined to Kopargaon and action of externing the petitioner from other talukas, referred above, violates his constitutional rights.

(3.) A show cause notice dated 23rd October, 2011, in terms of Section 59 of the Bombay Police Act, was served upon the petitioner. He was informed the proposed action under Section 56(1)(A)(B) of the Bombay Police Act. List of pending cases were communicated to him. The petitioner was also apprised of statement of discreet witnesses A and B with gist thereof and list of crimes faced by him. Reply was not filed in time; however, he has subsequently tendered reply on 2.11.2011. According to the petitioner, the prosecution in five cases is based on falsehood. He has never threatened any citizen in Kopargaon. He has no criminal antecedents. He has not intimidated anybody. He was acquitted in Crime No. 158/2009. Crime No. 205/2010 was false. Crime No. 159 was owing to political animosity. Crime No. 611/2010 was also within same corners. He asserted he is son of agriculturist; his father has a shop of selling tractors. He is the only son of his parent. His mother was elected on two occasions in Kopargaon Municipal Council and in ensuing elections, either the petitioner or his mother were to get nominations in Assembly elections.