Bombay High Court
Baban Alias Balya S/O Raghunath Karade vs State Of Maharashtra, Thr. Secretary, ... on 15 September, 2016
Author: B. P. Dharmadhikari
Bench: B.P.Dharmadhikari, A.S.Chandurkar
918-J-Cri.WP-641-16 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO.641 OF 2016
Baban alias Balya s/o Raghunath Karade
Aged 35 years,
Occupation : Agriculturist,
R/o Sangwa (Bk.),
Tah. Daryapur, Dist. Amravati. ... Petitioner.
-vs-
1. State of Maharashtra,
Thr. Secretary, Home Dept,
Mantralaya, Mumbai.
2. Sub Divisional Magistrate,
Daryapur, Tah. Daryapur,
District - Amravati.
3. State of Maharashtra,
Thr. Police Station Khallar,
Tah. Daryapur, District- Amravati. ... Respondents.
Shri R. J. Shinde, Advocate for petitioner.
Ms K. Joshi, APP for respondent-State.
CORAM : B.P.DHARMADHIKARI &
A.S.CHANDURKAR, JJ.
DATE : September 15, 2016 Oral Judgment : (Per B. P. Dharmadhikari, J.) Heard finally with consent of Advocate Shri Shinde for petitioner and learned APP for State by issuing Rule and making the same returnable forthwith.
2. The petitioner has been externed under Section 56(1)(a) and (b) of ::: Uploaded on - 16/09/2016 ::: Downloaded on - 17/09/2016 01:04:57 ::: 918-J-Cri.WP-641-16 2/3 the Maharashtra Police Act by order dated 22/07/2016. Externment is ordered by the Sub-Divisional Magistrate Daryapur, from Amravati and Akola Districts for period of two years.
3. The offences looked into are of years 2009, 2010, 2011 and 2015.
Offence of year 2009 is under Section 498A of the IPC read with other provisions. Two offences of year 2010 are under Sections 353, 323 and Sections 294 and 506 of the IPC and two offences of year 2011 are under Sections 324, 504, 506 and 294, 323, 506 of the IPC respectively.
4. Offences which can be seen as of the recent origin and therefore relevant as having live link are of year 2015. Crime No.3003/2015 is under Section 294 of IPC read with Section 85 of the Mumbai Police Act. Other offence vide Crime No.29/2015 is under Sections 307, 326, 506 of the IPC read with Section 3(1)(10) of the Schedule Castes and the Scheduled Tribes (Prevention of Atrocities Act, 1989.
All these offences are registered with Police Station Khallar, Tah. Daryapur, District-Amravati.
5. We, therefore, find substance in contention of Advocate Shri Shinde that externment from entire Amravati District as well Akola District is excessive. Hence only on that ground we find that impugned order suffers from non-application of mind. The same is therefore quashed and set aside.
Petition is allowed with no order as to costs.
JUDGE JUDGE Asmita ::: Uploaded on - 16/09/2016 ::: Downloaded on - 17/09/2016 01:04:57 ::: 918-J-Cri.WP-641-16 3/3 -: C E R T I F I C A T E :-
" I certify that this Judgment/order uploaded is a true and correct copy of the original signed Judgment/order."
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