19. cr wp 2636-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2636 OF 2010 Ramsubu Paliya Pariar .. Petitioner Vs The State of Maharashtra & Anr .. Respondents Mr. U.N. Tripathi for the Petitioner Mr. Rajesh More, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 12th OCTOBER, 2010. P.C.: 1 Heard the learned advocate for the petitioner and the learned APP for the State. Rule. By consent of the parties, rule is made returnable forthwith and the matter is heard finally. 2 This petition is preferred by the petitioner who has been externed by order dated 01.06.2010 passed by respondent no.1. Being aggrieved by the said order, the petitioner preferred appeal. The said appeal came to be dismissed by order dated 20.08.2010, hence, this petition. 3 On going through the show cause notice, it is seen that externing authority has placed reliance only on two CRs i.e. 1 19. cr wp 2636-10.doc CR No. 372 of 2009 and C.R. No. 419 of 2009 and the statements of two incamera witnesses. In the said show cause notice, it is specifically stated that though the petitioner is involved in six other cases i.e. CR No. 83/04, 182/05 and four LACs i.e LAC 1241/06, 4987/06, 540/07 and 1339/09 but they are not being taken into consideration to pass an order of externment. The externment order also proceeds on the two CRs i.e. CR No. 372 of 2009 and C.R. No. 419 of 2009 and two incamera statements. However, the appellate authority in addition to these two CRs and two incamera statements has taken into consideration the six cases i.e CR No. 83/04, 182/05 and four LACs. This is on the face of it erroneous and hence, the order dated 20.08.2010 cannot be sustained. 4 The order dated 20.08.2010 passed by the appellate authority is set aside. The appeal is restored to file and the said appeal be heard afresh by the appellate authority after giving notice to the petitioner. On notice being given to the petitioner, the petitioner shall remain present before the appellate authority. 5 It is made clear that till the date the appeal is disposed of by the appellate authority, the petitioner is allowed to enter into Mumbai. 2 19. cr wp 2636-10.doc 6 Petition is disposed of in above terms. 7. Learned advocate for the petitioner to communicate this order to the Appellate authority on or before 22nd October, 2010. [SMT. V.K. TAHILRAMANI, J.] 3