1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3170 OF 2009 Mr. Amarnath Triveni Singh. ... Petitioner. V/s. The Assistant Commissioner of Police, Zone XI & Ors. ... Respondents. Mr. Rakesh Kumar with Jabra i/b. Sunil Kumar for the Petitioner. Mr. A.S. Shitole, APP for the State. CORAM : S.C. DHARMADHIKARI,J. DATED : 25th JANUARY 2010. P.C. :- The Petitioner has been externed from the limits of the Brihanmumbai Police Commissionerate and the Thane District for two years. The order in that behalf is made on 26th June 2009. The Petitioner preferred an Appeal before the Appellate Authority and the Appellate Authority by an order dated 25th August 2009 dismissed the Petitioner’s Appeal. 2. The Petitioner has contended in this Petition that when the Appeal was fixed before the Appellate Authority on 14th June 2009 at 2.30 p.m., there were in all 12 matters placed before the Appellate Authority. The Appellate Authority, by a cryptic and stereotype order has confirmed the order of externment. There is no application of mind and to the essential fact that the allegations against the Petitioner arise 2 out of one single case viz. a on going SRA project. There is nothing on record to conclude that the Petitioner is such that he is required to be externed not only from the entire Bombay City limits but from Thane District as well. The order is plainly excessive as well. 3. I have perused the Petition and the annexures thereto including the orders. Prima-facie, there is some substance in the contentions of the Petitioner. The Appellate Authority has failed to apply its mind to all the aspects and more particularly, those highlighted in this Petition. However, it is also clear that there was no interim stay during the Appellate proceedings. The Petitioner has been externed by an order of externment dated 29th June 2009. He has been out of the limits of Bombay and Thane District for more than six months. 4. In these circumstances, this Petition is allowed and the order of externment in the case is modified to the extent that the period of externment of the Petitioner shall come to an end on 31st January 2010. After which date the Petitioner may return to the subject areas and present himself before the concerned Police Station. (S.C. DHARMADHIKARI,J.)