Dixit 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1446 OF 2009 Mohan Krishnan Kurup ... Petitioner Vs. The State of Maharashtra & Ors. ... Respondents Mr. Sureshkumar J. Panicker for Petitioner. Mr. A.S. Gadkari, APP, for Respondent-State. CORAM : SMT. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 12TH JUNE, 2009. P.C.:- 1. The second respondent has initiated externment proceedings against the petitioner. The petitioner has already filed reply to the same. In this petition, the petitioner has prayed that five cases which are referred to in the externment notice are pending for a Dixit 2 considerably long time and hence they may be expedited. The petitioner has further prayed that the second respondent may be asked not to proceed with the externment proceedings till those cases are decided. Since show cause notice is issued to the petitioner and the petitioner has filed the reply, it is not possible for us to interfere with the externment proceedings. If the petitioner wants the pending cases to be disposed of expeditiously, he can make application before the 24th Additional Chief Metropolitan Magistrate’s Court, Borivali, Mumbai before whom the said cases are pending If such application is made, learned Magistrate will consider it in accordance with law. 2. The grievance of the petitioner is that these cases are pending for 7 – 8 years. We are at present not aware about the nature of pendency of matters before the learned Magistrate. At the same time, if cases are pending for such a long time, petitioner’s grievance needs to be examined. We are sure that learned Magistrate will do so. We, however, make it clear that this order of ours shall not weigh with the externing authority and the Dixit 3 externment proceedings may go on independently and in accordance with law. 3. Petition is disposed of. [SMT. RANJANA DESAI, J.] [R.G. KETKAR, J.]