LAWS(BOM)-2007-4-17

SANJAY PANDURANG NAGPURE Vs. STATE OF MAHARASHTRA

Decided On April 23, 2007
SANJAY PANDURANG NAGPURE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard finally with consent of parties.

(2.) By this petition the petitioner challenges the order of externment passed by the Executive Magistrate under section 56 of the Bombay Police Act.

(3.) The facts are as follows: petitioner is a permanent resident of Nagpur. It is alleged that he is in habit of committing offences and the people in general are scared of him. He carries firearms etc. with him and gives threats to the witnesses and, therefore, the witnesses are reluctant to appear before the Court. During the period from 1999 to 2004 in all 8 offences were registered against the petitioner. Some of those offences relate to rioting, possession of Arms, uttering indecent language in public place, giving threats causing hurt etc. A show cause notice was issued by the Executive Magistrate on 5-7-2006. In the said notice 8 offences as stated above have been mentioned. It is alleged that due to fear of the petitioner the people do not come forward to depose and, therefore, it is necessary to extern him out of Nagpur City and Nagpur District. After a show cause notice was issued the applicant had initially appeared before the Executive Magistrate. He had sought time for reply and defend. Subsequently, however it is alleged that he did not appear. The Executive Magistrate, therefore, passed an externment order on 8-12-2006 for a period of 2 years and this order is being challenged.