1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2146 OF 2009 Shaikh Taher S/o Shaikh Rahim Versus State of Maharashtra and others *** Mr. Amit A. Mukhedkar, Advocate for the Applicant. Mr. K. M. Suryawanshi, A.P.P. for the Respondent/ Nos.1 to 4. *** 1. Heard learned counsel for the accused/ applicant Shaikh Taher S/o Shaikh Rahim who has been externed by the competent authority from the Aurangabad and Jalna districts for a period of two years by order dated 20th May, 2009, passed in file No.PO.DY/EXTERN/10/2261/09, recorded by the learned Deputy Commissioner of Police at Aurangabad. 2. The counsel has elaborately argued the matter, pointing the so called infirmity in the order of externment as the applicant herein is externed from Aurangabad and Jalna districts which, according to the applicant, the Respondent No.3 the Deputy 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Commissioner of Police at Aurangabad, could not do. According to the counsel, there is no offence registered against the applicant in the vicinity and jurisdiction of Jalna and hence there is no point to do so. This indicates non-application of mind and it curtails liberty of the applicant. 3. The applicant has a remedy in terms of section 60 of the Bombay Police Act. The applicant though is directed to be externed by the order dated 20th May, 2009 can agitate and address the competent authority about his grievance and seek redressal. 4. The scope in terms of section 482 Cr.P.C. and Articles 226 and 227 of the Constitution of India, though sought to be accelerated, as its inbuilt reservations, and particularly when the factual matrix indicate that the appellate authority is to be approached by the applicant herein. Hence, order. 5. Applicant Shaikh Taher S/o Shaikh Rahim to approach the Appellate Authority in terms of section 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 60 of the Bombay Police Act, 1951. The Appellate Authority shall decide the appeal on its own merit and without being influenced by any observations of this Court, up to 11th November, 2009. However, since the question of personal liberty and rights of the applicant being involved and he has been externed from Aurangabad and Jalna districts for a period of two years by the order dated 20th May, 2009, the order shall remain in abeyance till the decision of appeal or till 11th November, 2009, whichever is earlier. Application disposed of accordingly. [K. U. CHANDIWAL, J.] Dated:02/09/2009. ans/2146