Rajesh s/o. Slirirang Chavan v. State of Maharashtra
2013-10-03
A.I.S.CHEEMA, K.U.CHANDIWAL
body2013
DigiLaw.ai
JUDGMENT : K.U. CHANDIWAL, J.;- Rule. Rule made returnable forthwith and heard finally, by consent. 2. Writ Petitioner questions order of externment recorded by Superintendent of Police, Parbhani, dated 27th September, 2012, externing him from District Parbhani for a period of two years, confirmed by the Secretary (Special), Home Department of Maharashtra State, dated 6th May, 2013. 3. Having gone through chart of cases, it is seen, though show-cause notice illustrates 13 cases or the order of learned Superintendent of Police refers such 13 cases, however, the Petitioner is concerned in Crime No.63 of 2008 and 55 of 2010 of Kotwali Police Station, Parbhani, for the offence punishable under Sections 385, 387, 506, 504 read with 34 of the Indian Penal Code and under Sections 341,384,394 read with 34 of the Indian Penal Code. It is informed and not in controversy, that Petitioner has been acquitted on 31st August, 2010 and 15th November, 2011, respectively. This is not considered by both the authorities. 4. Learned Secretary has referred to pendency of Crime No.24 of 2013 against the Writ Petitioner, however it was though extraneous material before the learned authority, fact remains that there was "B" Summary Report filed by the police, consequently the said prosecution not in force, does not call for consideration. 5. There are no statements of persons indicating any threat exerted to them in recent past by the Petitioner or that he has extorted money or prepared for house-breaking by forming a gang. The Petitioner cannot be branded to be a member of gang of several persons, as even if Rama Bapurao Gujar is shown to be involved in several cases, neither his nexus with the Petitioner primarily indicated nor it is conclusively established in Crime No.63 of 2008 and 55 of 2010. 6. In the set of above facts, impugned order of externment calls for interference and it is quashed and set aside. Rule made absolute in the above terms. Petition allowed.