1 cr-wp-2029-10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.W.P. NO. 2029 OF 2010 Ravindra Shankar Gunjal ..Petitioner Vs. The State of Maharashtra and Anr. ..Respondents .... Mr. Rahul S.Kate i/b R.D.Suryawanshi Adv. for Petitioner Mr.V.B.Konde-Deshmukh APP for State .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : SEPTEMBER 15, 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. 2 This petition is preferred by the petitioner who has been externed by order dated 26.2.2010 passed by respondent no.2. Being 2 cr-wp-2029-10 aggrieved by the said order, the petitioner preferred appeal. The said appeal came to be dismissed by order dated 7.5.2010, hence, this petition. 3 On going through the show cause notice, it is seen that externing authority has placed reliance on one CR i.e. CR No. 85 of 2008 of Ambernath Police Station and the statements of two incamera witnesses. In the said show cause notice, it is specifically stated that though the petitioner is involved in four other C.Rs. of Ambernath Police Station i.e. CR No. 193, 245, 259 and 267 of 1997 but they are not taken into consideration as the incidents therein are stale. The externment order also proceeds on one CR i.e. CR No. 85 of 2008 and two incamera statements. However, the appellate authority in addition to CR No.85 of 2008 has taken into consideration the four CRs. i.e. CR No. 193, 245, 259 and 267 of 1997. This is clearly erroneous and hence, the order dated 7.5.2010 cannot be sustained. 4 The order dated 7.5.2010 passed by the appellate authority is set aside. The said appeal to 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 3 cr-wp-2029-10 authority. 5 It is made clear that till the date the appeal is heard and disposed of by the appellate authority, the petitioner is allowed to enter into Mumbai and Thane districts. However, the petitioner is directed to report to Ambernath Police Station once in a week. 6 Petition is disposed of in above terms. [ SMT. V.K.TAHILRAMANI, J.]