1 WP 2173.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL WRIT PETITION NO. 2173 OF 2011 Mr. Mohan Harishchandra Mohite. ... Petitioner. V/s. The Assistant Commissioner of Police, Andheri Mumbai Division and Ors. ... Respondents. Mr. Amar Bhatt for the Petitioner. Mr. A.S. Shitole, APP for the State. CORAM : K.U. CHANDIWAL, J. DATED : 06th SEPTEMBER 2011. P.C. :- Heard learned Counsel for the Petitioner - Externee. 2. The notice in terms of Section 56(1)(a)(b) of Bombay Police Act informs all 3 cases being Crime No.49 of 2005, Crime No. 174 of 2005 and at MIDC Crime No.1 of 2008 are for infraction of Section 324 r/w. Section 34 of IPC. Though the notice indicate that the earlier 2 cases were sub-judiced, however, the record reveals that the matters are disposed of. So far as the third case is concerned, an affidavit purportedly is filed by the Complainant denying involvement of the Applicant - Externee. 2 WP 2173.11.sxw 3. The statement of un-identified in camera witnesses to which reference is given does not prima-facie demonstrate that Applicant has been a terror or a threat in the area or he is creating life of the resident miserable and put them under ransom. 4. The Appellate Authority has, confirmed the order dated 28.2.2011 externing the Applicant from Greater Mumbai for a period of one year. 5. Considering the reply tendered by the Externee and the facts of disposal of the 2 cases, there is no overt act, I do not see that the presence of the Externee in the area has become a threat to the residents. The order having restricted the valuable rights of the Externee calls for interference and it is accordingly set aside. The Petition is allowed. (K.U. CHANDIWAL,J.)