1 WP-219-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.219 OF 2011 Ramasubbu Balaiya Paraiyar .. .. Petitioner. versus The State of Maharashtra and others. .. .. Respondents. Mr. S. K. Raj, Advocate for the Petitioner. Mrs P. P. Bhosale, A.P.P. for the State. .... CORAM : A. R. JOSHI, J. Reserved on :- 26th April,2011 Date of Pronouncement :- 2nd May, 2011. P.C.:- 1. Rule. Rule is made returnable forthwith by consent of the parties. Writ Petition is heard finally. Perused the accompanying documents, such as notice, externment order, order of the Appellate Court passed on 20-8-2010. Thereafter, order of remand passed by this Court in another Criminal Writ Petition and then second order of the Appellate Court, dated 18th December, 2010. 2. By the present Writ Petition, the Petitioner has challenged the externment order passed against him dated 1st June, 2010 and the second order of the Appellate Authority dated 18th December, 2010. 2 WP-219-11 3. By order of externment dated 1.6.2010 passed by the Deputy Commissioner of Police, Zone – V, Mumbai, the petitioner was externed for the period of one year from jurisdiction of Brihan Mumbai Police Commissionorate, Navimumbai Commissionarate and District Thane. Being aggrieved by the said externment order, initially writ petition bearing No.2636/2010 was preferred. It was before the another Bench (Smt V.K.Tahilramani,J). Said writ petition was finally heard and vide order dated 12.10.2010, the impugned order of the Appellate Authority dated 20.8.2010 was set aside and appeal was restored to the file of the Appellate Authority to be heard afresh after giving notice to the petitioner. Said order was passed on the ground that the material taken shelter of while passing the order in the appeal was not specifically considered in the externment order. After remand the appeal was again heard before the same Appellate Authority and after considering the objection raised by the petitioner, final order dated 18th December, 2010 was passed confirming the externment order. As such by present writ petition externment order and the order of the Appellate Authority are challenged herein: 4. Only two grounds are raised objecting the impugned orders. Said grounds are :- (i) Offences which are referred by the Appellate Authority were not considered by the Externing Authority 3 WP-219-11 while passing the externment order dated 1st June, 2010. (ii) Both the criminal cases i.e. C.R.No. 372/2009 and 419/2009 pending against the petitioner and which are considered while passing the order of externment, are false cases lodged against the petitioner only out of political vengeance. 5. Initially show cause notice was issued against the petitioner dated 4.2.2010. It was issued by A.C.P. Dadar Division, Mumbai specifically mentioning the details as to criminal antecedents against the present petitioner, inasmuch as pending cases Nos. 83/04, 182/2005 and local Crime Branch offence No.1241 of 2006. Reference was also made regarding Local Crime Branch offences Nos. 4687/2006 and 540/2007, which are reportedly already disposed of. Reference was also made in the show cause notice regarding specific details as to criminal cases No. 372/2009 and 419/2009 concerning the offences covered under Chapter XVI and XVII. Shelter was also taken of two in-camera statements of witnesses recorded on 18.1.2010 and 19.1.2010 regarding the incidents happened in November, 2009 and August, 2009 respectively. Said in-camera statements refer to the extortion on the witnesses by the petitioner and taking away the cash amount by using force and giving threat of dire consequences and while doing so using the knife to create a 4 WP-219-11 terror in the mind of the witnesses. 6. In response to the show cause notice, the petitioner attended the inquiry. However, finding the defence not acceptable and considering the cases against the petitioner warranting the externment, such order was passed on 1.6.2010. 7. So far as first objection is concerned the order of the Appellate Authority dated 18th December, 2010 is carefully gone through. By plain reading of the reasoning given in the said order, it must be said that the earlier criminal antecedents against the petitioner were referred only in order to mention that instead of such criminal matters the conduct of the petitioner did not improve and he continued to deal with the illegal activities of extortion, assault and also the offences punishable under Section 363 of I.P.C. The said criminal antecedents as mentioned above were brought to the notice of the petitioner by way of show cause notice and as such it cannot be said that there was a deprival of the petitioner to have proper representation during the enquiry. In other words, it must be said that the externment order and the order of the appellate court cannot be considered as based on extraneous material unknown to the petitioner, inasmuch as the criminal cases are still pending against him and which are mentioned in the show cause notice showing his antecedents. 5 WP-219-11 8. So far as second objection is concerned, the specific case i.e. C.R.No.372/2009 which is for the offence punishable under Section 363 read with section 34 of I.P.C. and another C.R.No.419/2009 for the offence under Section 324, 504, 506 read with section 34 of I.P.C. are still sub-judice and as such it would be premature at this stage to consider that these are false cases lodged against the petitioner. In that view of the matter, the second objection also cannot sustain. 9. In view of the above, there is nothing to interfere with the order of externment and the order of the appellate authority in the writ jurisdiction. As such there is no merit in the present Writ Petition and the same is accordingly disposed of with following order :- :: O R D E R :: (i) Criminal Writ Petition No. 219 of 2011 is dismissed. Rule stands discharged accordingly. (A. R. JOSHI, J.) ****