22. wp 608-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 608 OF 2011 Nelson Alber D'Cruz @ Nanha ] Age 52 Years, Occupation Business, ] Residing at Dennis Villa, Veera Desai Road, ] Andheri (W), Mumbai. ] Petitioner Versus 1. State of Maharashtra. ] 2. Assistant Commissioner of Police, ] D.N. Nagar Zone, Mumbai. ] 3. Deputy Commissioner of Police, ] Bandra Zone. ] Respondents Mr. S.V. Marwadi i/b Ms. Mallika Ingale for the Petitioner Mr. J.P. Yagnik, APP for the State CORAM : P.V. HARDAS & N. D. DESHPANDE, JJ. DATE : 7th MARCH, 2011. ORAL JUDGMENT (Per HARDAS, J.): 1. Heard learned Counsel for the respective parties. 2. Rule. By consent, Rule made returnable forthwith and the petition is heard finally at the stage of admission. 1 22. wp 608-11.doc 3. By this petition under Article 227 of the Constitution of India, the petitioner prays that the order dated 28th February 2011 passed by respondent no. 2 in the externment proceedings be quashed and set aside. The petitioner also prays for directing respondent nos. 2 and 3 to decide the show cause notice including the objections raised by the petitioners. 4. The learned Counsel for the petitioner has stated before us that apparently there does not appear to be any order dated 28th February 2011 though the Respondent had informed the Counsel for the petitioner that said order had been passed. We need not enter into this aspect of the matter as the petitioner had been served with the notice under Section 56(1) of the Bombay Police Act calling upon the petitioner to show cause as to why he should not be externed. According to the petitioner, the petitioner had replied to the show cause notice and raised several questions regarding maintainability of the said show cause notice. The learned Counsel for the petitioner states that the aforesaid objections are pending. 5. We therefore allow this petition and direct the respondents to decide the show cause notice including the objections raised by the petitioner, if the show cause notice is pending, in accordance with law, within a period of four weeks from today. The learned Additional Public Prosecutor undertakes to 2 22. wp 608-11.doc communicate this order to the respondents. Rule is therefore made absolute in the above terms with no order as to costs. 6. Copy of this order duly authenticated be provided to the learned counsel for the parties to act upon the same. [ N. D. DESHPANDE, J ] [ P.V. HARDAS, J ] 3 22. wp 608-11.doc 4