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2013 DIGILAW 101 (BOM)

Jacky @ Jaikishan Madhusudan Nakwal v. State of Maharashtra

2013-01-15

M.L.TAHALIYANI

body2013
JUDGMENT:- Heard. 2. ADMIT. 3. Heard finally by consent of both the parties. 4. Perused the impugned order. The proposal for externment was submitted on 29th August, 2009 and show cause notice was issued to the applicant on 7th September, 2012 i.e. after about three years of receipt of the proposal. Last offence allegedly committed by the applicant is under the Bombay Police Act registered as Case No.15 of 2008 under Section 117 of the Act. Prior to that also there was one offence against the applicant i.e. of the year 2007. The said offence is also punishable under Section 117 of the Bombay Police Act for alleged contravention of Section 110 of the said Act i.e. behaving indecently in a public place. 5. As such, there is no serious charge against the applicant since last more than five years. The proposal was pending before the competent authority for more than three years. That by itself is a good ground for quashing the impugned order. The order obviously is arbitrary, capricious and without application of mind. 6. The impugned order dated 21st September, 2012 passed by Sub Divisional Officer, Buldana against the applicant directing him to remove himself for a period of two years from the jurisdiction of eight police stations is hereby quashed and set aside. The application stands disposed of accordingly. Ordered accordingly.