1 FARAD CONTINUATION SHEET. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL JAPPLICATION NO.1666/07. IN CRIMINAL WRIT PETITION No.400/06. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, office Memoranda of Coram Court's or Judge's appearances, Court's orders or directions order and Registrar's order. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM: C.L.PANGARKAR,J. DATE : 25th June, 2007. 1. Heard Shri Manoj Sable, learned counsel for the applicant and Shri A.S.Sonare, Addl.Public Prosecutor for the State. 2. This is an application under Section 482 of Code of Criminal Procedure for amendment of the petition. 3. The petitioner initially had filed a petition in order to challenge the notice issued under Section 57 of the Bombay police Act to show cause why the petitioner should not be externed from Nagpur City. Thereafter, the petitioner appeared before the authority and the authority has actually passed an externment order. The petitioner now seeks to amend 2 this writ petition challenging the order of externment. 4. The learned Additional Public Prosecutor for the State objects to this application on the ground that the cause of action for the petitioner has come to an end and petition has become infructuous and if at all the petitioner wants to challenge, he should file separate application. 5. The petitioner has challenged the show cause notice. The petition has not as yet been withdrawn the questions as to whether the notices that were issued to the petitioner were proper, legal can still be gone into and if court comes to the conclusion that they were not in accordance with law the subsequent orders that are based on the basis of the show cause notice become non est. Therefore, to my mind, there is no difficulty in allowing this writ petition to be amended by incorporating the prayer as sought for. Application is allowed. JUDGE pzc