1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.3345 OF 2009 Vijay Vithal Dalavi : Petitioner V/s. State of Maharashtra & Ors. : Respondents ... Mr.Balasaheb R. Deshmukh for the petitioner. Mr.A.S.Shitole, Addl. Public Prosecutor for the State. ... CORAM : S.C.DHARMADHIKARI, J. DATE : JANUARY 11, 2010. P.C.: This petition, invoking section 482 of the Code of Criminal Procedure and Article 227 of the Constitution of India, is clearly misconceived and not maintainable. The order of the appellate authority is in favour of the petitioner. The externment order is quashed and set aside by it. Merely because the appellate authority has made incidental observations and permitted taking up fresh externment proceedings does not mean that they can be construed as a direction to the externing authority. The externing authority has to initiate proceedings upon its independent satisfaction and that alone is the relevant aspect. Therefore, merely on stray observations of the appellate authority in its final order, 2 no Writ Petition can be filed by the petitioner, who has succeeded in the appeal. The order is in his favour. Therefore, the observations in the concluding paragraph cannot be the basis for holding that the appellate authority has permitted revival of the very proceedings for externment which have been quashed by it. That apprehension is even otherwise baseless and untenable. Its observations in the final paragraph can, at the most, be taken as advice and guidance on future occasions. 2. In the light of the above, the Criminal Writ Petition is dismissed. (S.C. DHARMADHIKARI, J.)