1 Cri.WP1176/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1176/2010 Amol s/o Prakash Kolwale Age: 28 Yrs., occu. Business, R/o Behind Manohar Talkies Dhule. - APPLICANT VERSUS 1) The State of Maharashtra and others. - RESPONDENTS ***** Mr.RS Shinde, Adv. h/for Mr.NL Choudhari,Advocate for Petitioner; Mr.PP More, APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 23rd June, 2011. PER COURT : 1) Heard extensively and finally. Rule made returnable forthwith by consent of parties. 2) Writ petitioner questions externment order dated 15.10.2010 recorded by Sub Divisional Magistrate, Dhule under Section 59 of the Bombay Police Act, externing the petitioner from Dhule district for a period of one year from 15.10.2010. 3) The authorities concerned referred to Crime Nos. 114/2009; 120/2009; 121/2009, 15/2009, 2 Cri.WP1176/2010 32/2009 and 34/2009, which basically revolve to infraction of Section 12(a) of the Bombay Gambling Act, registered at Dhule city police station. There is as yet no result in the said proceedings. Considering the very nature of prosecution, it is only leaning to activities of gambling, has nothing to do with harm to an individual or loss to a State property or creating terror in the vicinity. There is no independent witness to point that the petitioner's continuance in the district will be prejudicial and detrimental to the law and order situation. There is nothing to indicate that continuance of the petitioner would be engaged in offence under Chapter 12, 16 and 18 of IPC. Considering these aspects, the externment recorded against the petitioner/externee calls for interference. The order of externment dated 15.10.2010 passed by the Sub Divisional Magistrate, Dhule is set aside. Rule is made absolute in aforesaid terms. ( K.U.CHANDIWAL ) JUDGE bdv/ fldr.27.6.11