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Documents citing Chand Mustafa Shaikh Rozewale vs The State Of Maharashtra And Others on 20 April, 2021

Pratik S/O Prakashrao Kamble vs Divisional Commissioner Amravati ... on 7 January, 2023

22. I, therefore, conclude that the order passed by the respondent No.2 and confirmed by the respondent No.1 does not satisfy the basic requirements. The order has curtailed the fundamental right of the free movement of the petitioner guaranteed by the constitution without following the provisions of law. The law laid down in the cases of Deepak Laxman Dongare, Shaikh Mukhtyar S/o Mustafa Shaikh .vs. State of Maharashtra and others reported in 2017 ALL M.R. (Cri.)
Bombay High Court Cites 16 - Cited by 0 - G A Sanap - Full Document

Nilesh S/O Purushottam Bhende vs The Divisional Commissioner Amravati ... on 9 February, 2023

No reasons have been recorded by the respondent No.2 to warrant externment of the petitioner for a period of two years from entire Amravati District. In view of this fact, the respondent No.2 was expected to record the reasons to warrant externment of the petitioner outside Amravati District. The order passed by the respondent No.2 and confirmed by the respondent No.1, therefore, suffers from virus of excessiveness. The laid down on the point in the cases of Shaikh Mukhtyar S/o Mustafa Shaikh Vs. State of Maharashtra and Others [2017 ALL.M.R. (Cri.)
Bombay High Court Cites 28 - Cited by 0 - G A Sanap - Full Document

Paramjitsingh @ Jentil Sardar S/O ... vs State Of Mah. Thr. Divisional ... on 1 March, 2023

It is seen on perusal of the notice and order that all the crimes committed by the petitioner were within the jurisdiction of Panchpaoli Police Station in Nagpur City. In view of this fact, the respondent No.2 was expected to record the reasons to warrant externment of the petitioner outside Nagpur district. The order passed by the respondent No.2 and confirmed by the respondent No.1, therefore, suffers from virus of excessiveness. The law laid down on the point in the cases of Shaikh Mukhtyar S/o Mustafa Shaikh .vs. State of Maharashtra and others 4 and Bhagwat Dadasaheb Landge and another .vs. State of Maharashtra and others 5, would equally apply in this case. In my view, this would be one of the factors, which would weigh in favour of the petitioner. This would also reflect upon non-application of mind to the material on record to arrive at 4 2017 ALL MR (Cri.) 268 5 2020 (5) Mh.L.J. (cri.) 546 ::: Uploaded on - 09/03/2023 ::: Downloaded on - 08/06/2023 06:12:38 ::: 22 11.CRIWP.756.22 judge.odt subjective satisfaction. In my view, therefore, the externment order passed by the respondent No.2 and the order passed by the Appellate Authority confirming the externment order, cannot be sustained. The orders deserve to be set aside.
Bombay High Court Cites 18 - Cited by 0 - G A Sanap - Full Document

Bhushan S/O Chandu Pohokar vs The Divisional Commissioner Amravati ... on 19 June, 2023

10.wp.250.2023.judg.odt 25 18 In my considered opinion, therefore, the order passed by the respondent No.2 and confirmed by the respondent No.1 suffers from the virus of excessiveness. The law laid down on the point in the cases of Shaikh Mukhtyar S/ o Mustafa Shaikh Vs. State of Maharashtra and Others 3 and Bhagwat Dadasaheb Landge and Another Vs. State of Maharashtra and Others 4, would, therefore, equally apply in this case. It is to be noted that the excessive nature of the order on both the counts is one of the factors, which would weigh in favour of the petitioner. The order of externment, making a direct inroads on the fundamental right of movement, must, therefore, pass all the legal tests. In this case, the order passed by the respondent No.2 and confirmed by the respondent No.1 do not pass the said test. It is to be noted that the respondent No.1 despite being confronted with the factual position vis-a-vis the acquittal of the petitioner in four crimes, confirmed the said order. Perusal of the order of the 3 2017 ALL.M.R. (cri.)268 4 2020 (5) Mh.L.J. (Cri.)546
Bombay High Court Cites 15 - Cited by 0 - G A Sanap - Full Document

Rukhsar Khan Firoz Khan vs The State Of Maharashtra The Divisional ... on 17 December, 2024

13.wp.802.2024.judg.odt 15 13 In my considered opinion, therefore, the order passed by respondent No.2 and confirmed by respondent No.1 suffers from the virus of excessiveness. The law laid down on the point in the cases of Shaikh Mukhtyar S/o Mustafa Shaikh Vs. State of Maharashtra and Others1 and Bhagwat Dadasaheb Landge and Another Vs. State of Maharashtra and Others 2, would, therefore, equally apply in this case. It is to be noted that the excessive nature of the order on both counts is one of the factors, which would weigh in favour of the petitioner. The order of externment, making direct inroads on the fundamental right of movement, must, therefore, sustain the legal scrutiny. In this case, the order passed by respondent No.2 and confirmed by respondent No.1 do not pass the said test. It is to be noted that respondent No.1 despite being confronted with the factual position confirmed the said order. Perusal of the order of respondent No.1 would show that respondent No.1 has recorded factual submissions but failed to sufficiently deal 1 2017 ALL.M.R. (cri.)268 2 2020 (5) Mh.L.J. (Cri.)546
Bombay High Court Cites 11 - Cited by 0 - G A Sanap - Full Document
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