Bombay High Court
Sultan Khurshid Shaikh vs The State Of Maharashtra on 10 June, 2024
2024:BHC-AUG:10821
1 20-CrWP-490-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 490 OF 2024
SULTAN KHURSHID SHAIKH
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for the Petitioner : Mr. Nikhilesh K. Tungar
APP for Respondent : Mr. S. R. Wakale
...
CORAM : S. G. MEHARE, J.
DATE : 10-06-2024
PER COURT :-
1. Heard the learned counsel for the petitioner and the learned
A.P.P. for the respondent/State.
2. The petitioner is externed under Section 55 of the
Maharashtra Police Act by the order dated 02.02.2024 passed by
the learned Divisional Commissioner, Aurangabad, in File
No.2023/Sa.Pra./Kaksha-1/Poi-l/Haddapar/CR-125. His appeal has
also been dismissed.
3. Learned counsel for the petitioner submits that reasons for
the externment of the petitioner are beyond the provisions of law.
The petitioner has been shown to be involved only in three
offences, out of which one offence is registered under the
Protection of Children from Sexual Offences Act (POCSO), 2012.
2 20-CrWP-490-24.odt
The trials for the offences are pending. He did not commit such
acts as he should be externed from the five districts on the
apprehension that he would breach law and order during the
election process. The petitioner is only 26 years old. He is a
carpenter. The applicant has been falsely implicated in the crimes.
He has no source of income other than carpentry. He has
vehemently argued that the externing for one year is against the
principle of natural justice and violates his right to live at the place
of his choice. Since he is not a habitual offender, he would not
cause damage to the property and life of others and would not
create terror in society. This is just a misuse of powers by the
police department. During the externing period, he did not violate
the conditions. Hence, the petition may be allowed.
4. Learned A.P.P. strongly opposed the application. He submits
that the conduct of the petitioner is harmful to society and may
disturb the law and order. The offences registered against him are
serious. He is aggressive. Hence, the petition may be dismissed.
5. Perused the papers.
6. Admittedly, only three offences have been registered against
the petitioner. One of these is under the POCSO Act. The applicant
is 26 years old. The applicant is externed from October 2023.
During this period, there appears to be no crime registered
3 20-CrWP-490-24.odt
against him. No serious offence in the vicinity was registered.
However, the fact remains that he is involved in the crime. By the
impugned order, he has been externed for one year from
05.10.2023. The age of the petitioner is also a factor to be
considered.
7. Considering the facts of the case, the age of the accused,
and the nature of the offences that he has committed, the Court is
of the view that the petition is partly liable to be allowed. Hence,
the order:-
ORDER
i) The petition is partly allowed.
ii) The impugned order order dated 02.02.2024 passed in File No. 2023/Sa.Pra./Kaksha-1/Pol-1/Haddapar/CR-125 by the learned Divisional Commissioner, Chhatrapati Sambhaji Nagar and the order passed by Superintendent of Police, Latur, in File No. DCRB/Externment-3089 of 2023, dated 05.10.2023, is quashed and set aside for the remaining period on the condition that the petitioner shall maintain law and order and refrain from committing a breach of law and order.
( S. G. MEHARE ) JUDGE rrd