Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Writ Petition No. 1462 of 2011 Mr Nelson Alber D’Cruz@ Nanha ... Petitioner. vs. The State of Maharashtra & others. ... Respondents. Mr S.V.Marwadi i/by Mrs M.A.Ingale, for the Petitioner. Mrs A.A. Mane, Additional Public Prosecutor for the Respondent-State. CORAM:- A.R.JOSHI, J. (VACATION COURT) DATE :- 30TH MAY, 2011 P.C.:- 1. Rule. Rule returnable forthwith by consent of parties. 2. Heard rival submissions for some time on this application preferred by the petitioner – an externee. An Externment order dated 5th May, 2011 was passed by the Deputy Commissioner of Police, Bandra Zone, Mumbai against the present petitioner externing him from the jurisdiction of Mumbai for the period of one month from the date of order. Being aggrieved by the said order, appeal was preferred before the Competent Authority. On 25th May, 2011 the Competent Authority passed order remanding the matter to the Deputy Commissioner of Police, Zone No.9 for reapprisal of the matter and passing appropriate orders. However, surprisingly the order of externment was not stayed and effect of the order was continued as specifically mentioned in the last paragraph of the order of the Appellate Court. As it is the position stands today the present petitioner – externee is in fact undergoing the rigor of externment order from 5th May,2011 till date i.e. almost for one month, less five days. 3. In the opinion of this Court, considering the above circumstances it is a fit case in which the prayer clause (c) is required to be granted while disposing of the present writ petition. Hence, Rule made absolute in terms of prayer clause (c). Writ petition is disposed of accordingly. 4. Concerned Authority to act on an authenticated copy of this order. (A. R.JOSHI, J)