1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 479 of 2011 Ramesh Shankar Junawane ...Petitioner Versus Deputy Commissioner of Police, & Others ...Respondents Mr. V.V.Purwant with M.V.Kalantri i/b. Sanjay Gawde for Petitioner. Mrs. Bhosale, AGP for State CORAM:- R.Y.GANOO, J. DATED:- 14th JULY, 2011. P.C. 1. Rule. 2. Rule, made returnable forthwith. 3. Learned Counsel Mrs. Bhosale on behalf of the respondent waives service. By consent taken up for hearing. 4. The Assistant Commissioner of Police, Chaturshrungi Division, Pune City, by Show Cause Notice dated 17th August, 2010 called upon the petitioner to show cause why order of externment should not be 2 passed against him in accordance with the provisions of Bombay Police Act. 5. The reply was filed. Thereafter externment order under Section 57(a) (1) of Bombay Police Act, 1951 was passed on 26th October, 2010. The petitioner filed Externment Appeal No.211 of 2010. The same was dismissed by the Principal Secretary, Administration, Law & Order, Government of Maharashtra, by Order dated 29th January 2011. Both these orders are challenged. 6. I have heard learned counsels on both sides. The petitioner is externed w.e.f. October 2010. Perused the externment order. It shows that the purpose of externment order is as follows: The petitioner was involved in 8 cases under various sections for the year 2000 to 2003. Two cases are pending agianst the petitioner. One case is of 2008 and the other is of 2010. After having gone through the impugned order, it is clear that between 2003 to 2008 there is no overt act alleged to have been committed by the present petitioner which can be termed as an offence. The two cases pending of the year 2008 and 2010 are yet to be decided. With 3 this material, the order of externment dated 26th October, 2010 could not have been passed. It cannot sustain. The learned Appellate Authority has not considered this aspect and has confirmed the order of externment. Hence both the orders are required to be set aside. 7. In view of this, petition is granted. The order of externment passed against the petitioner dated 26th October, 2010, passed by the Dy. Commissioner of Police, Division 3, Pune City is set aside. Similarly Order dated 29th January, 2011 passed by the Principal Secretary, Administration, passed in Appeal No. EXT/2010/211/ िि.श।/३(अ) is also set aside . (R.Y.GANOO, J.) 4 डोेे ्िश ेोिोिम्ेािेपगरकतसललदजौेीेे ूहनैबॆ ओऴणअआइउफघऱखथशळधझऔईएऊऩङँऎँभऎे़जडैेाजझझढझदैे्ेॆयिमंेॆगिरतोेौ ेोगचुगॆटदटॆगगगौगचदौहिगेॆगचुेोिमगचटौिगेुगचटौेौेैेीेूदजडॆेे ्िेेुेुपतकचटॆं मनिलस,.यओऴणआइउघफघथघघधझढञऑय़।षशळशशशशळशसळऴऩणँऎओएअइइउफ ेोिेोिमेाेािेपगरकतसलदजेौेीेेेूहनेैपेंेॆहओऴ णअआइउफघऱखथशेोळधझऔईएऊङऩेँेँभऎ ेोिमे्ेाे्ेाउि िेिेोिम्ेािे