Bombay High Court
Pradeep Bhausaheb Kalhapure vs The State Of Maharashtra & Ors on 14 January, 2016
Author: A.V.Nirgude
Bench: A.V.Nirgude
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crwp1545.15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 1545 OF 2015
Pradeep s/o Bhausaheb Kalhapure ...Petitioner
VERSUS
The State of Maharashtra & othres
ig ...Respondents
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Mr. S.P.Salgar, advocate with
Shri G.D.Tanpure, advocate for the Petitioner
Mr. S.D.Ghayal, APP for Respondent
***
CORAM : A.V.NIRGUDE &
INDIRA K. JAIN, JJ.
DATED : 14th January, 2016
O R D E R :[Per Indira K.Jain, J.] This petition under Articles 226 and 227 of the Constitution of India takes exception to the order of externment passed by respondent no.2 Sub-Divisional Magistrate, Shrirampur Division, Shrirampur on 22.7.2015 in Externment Proceeding No.5 of 1 of 6 ::: Uploaded on - 22/01/2016 ::: Downloaded on - 31/07/2016 01:04:50 ::: 2 crwp1545.15 2015 under Section 56(1)(a)(b) of the Bombay Police Act, 1951 (hereinafter referred to as, "the Act"), whereby petitioner was directed not to enter the limits of four districts viz. Ahmednagar, Nashik, Aurangabad and Beed for a period of two years.
2] Petitioner was served with show cause notice on 1.4.2015 under Section 59 of the Act proposing externment. In pursuance to show cause notice petitioner appeared before the appropriate authority and submitted his say.
Considering the reply, material placed before the authority and on hearing petitioner impugned order dated 22.7.2015 was passed by respondent no.2 externing petitioner for the period of two years from the limits of the Districts as referred above.
3] Being aggrieved by the externment order petitioner filed Appeal No. 25 of 2015 before the Divisional Commissioner, Nashik.
Vide order dated 18.11.2015 the Divisional Commissioner confirmed the order of externment passed by respondent no.2 in respect of District Ahmednagar with modification of the period from two years to one year. Hence this petition.
2 of 6 ::: Uploaded on - 22/01/2016 ::: Downloaded on - 31/07/2016 01:04:50 ::: 3 crwp1545.15 4] According to petitioner respondent no.2 Sub-Divisional Magistrate, Shrirampur succumbed to the political pressure and at the instigation of political party passed the order of externment.
Petitioner submitted that he was Deputy Sarpanch of village Deswandi. He is a respectable person in the village. During his tenure he implemented various schemes for the development of village, and therefore opposition party having grudge implicated him on false and concocted allegations. He alleges that at the instance of opposition party respondent no.2 passed the impugned order of excessive externment affecting his fundamental rights. He is the breadwinner in family and in case he is externed his entire family would suffer starvation. He also raises a ground that his old aged mother is suffering from various ailments and for her regular treatment presence of petitioner in the house is utmost necessary.
Petitioner submitted that the impugned order is illegal, arbitrary and same is liable to be quashed and set aside.
5] We have heard the learned counsel for the parties and perused the impugned order of externment passed by respondent no. 2 and confirmed by respondent no.1. From the externment orders it can be seen that eight criminal cases have been registered against petitioner. Those cases are : -
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crwp1545.15
Sr. Police F.I.R. Section Present
No. Station No. Position
1 Rahuri 327/2008 143,147,148,149, 337, 324 Pending RTC 323, 504, 506 of I.P.C. & No.288/2009, 37(1)(3)135 B.P.Act dt. 25.8.2009 2 Rahuri 386/2008 143,147, 353, 332, 337 Pending of I.P.C. & 37(1)(3)135 B.P.Act 3 Rahuri 469/2008 379 Pending 4 Rahuri 23/2009 307, 325, 324, 323, 504, Pending RTC ig 506, 147, 148, 149 of No.170/2009, I.P.C. dt. 17.7.2009 5 Rahuri 103/2013 326,143,147,148,149, 337, Pending 324,323, 504, 506 of I.P.C.
& 37(1)(3)135 B.P.Act 6 Rahuri 104/2013 353,332,143,147,148,149, Pending 337 of I.P.C. & 37(1)(3)135 B.P.Act 7 Rahuri 5/2015 324,323, 504, 506, 34 of Under I.P.C. Investigation 8 Rahuri 350/2015 - -
6] The impugned orders would also show that petitioner is involved in illegally taking away sand from the Government land.
Appropriate authority formed an opinion that petitioner continued his criminal activities and is a dangerous person to the society. He is engaged in commission of offences like assault, threats, criminal 4 of 6 ::: Uploaded on - 22/01/2016 ::: Downloaded on - 31/07/2016 01:04:50 ::: 5 crwp1545.15 intimidation, theft of sand from Government land, obstructing the Government servants from performing their duties and forming an unlawful assembly. Considering the relevant material, appropriate authority formed an opinion to extern the petitioner for a period of two years from the four Districts i.e. Nashik, Aurangabad, Ahmednagar and Beed.
7] So far as submission of petitioner regarding excessive externment is concerned, we find that the error has been corrected by the appellate authority and the order of externment from one District i.e. Ahmednagar, within the limits of which offences were registered against petitioner, came to be cofirmed with modification of the period of externment from two years to one year.
8] Thus looking to the offences involved in the present matter, reasons recorded by the appropriate and appellate authorities, we find no error in the impugned orders. No procedural lapse is pointed out. The authorities have recorded their objective satisfaction based on material on record. We are therefore not inclined to interfere with the order passed by respondent no.1.
5 of 6 ::: Uploaded on - 22/01/2016 ::: Downloaded on - 31/07/2016 01:04:50 ::: 6 crwp1545.15 9] The Writ Petition is devoid of merits and substance.
Hence Criminal Writ Petition No. 1545 of 2015 stands dismissed.
[ INDIRA K. JAIN, J.] [A.V.NIRGUDE, J.]
dbm/crwp1545.15
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