1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.649/2009 Petitioner :- Sheikh Haji s/o Shaikh Sarwar, Aged about 28 years, Occu : Deputy Sarpanch, r/o Ward No.4, Nakoda, Po : Cement Nagar, Tq. And Distt. Chandrapur. ...Versus... Respondents :- 1. The State of Maharashtra, Through the Secretary (Home), Mantralaya, Mumbai : 32. 2. The Sub Divisional Magistrate, Chandrapur. 3. Sub Divisional Police Officer, Chandrapur. 4. The Police Station Officer, P.S. Ghuggus, Chandrapur. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- [Shri A.M. Rizwy, Adv. for petitioner] [Shri A.S. Sonare, APP for respondents] CORAM:- A.B. CHAUDHARI, J. DATED :- 02.03.2010 1. Learned Counsel for the petitioner vehemently argued that it is settled law that the High Court can entertain the writ petition against the order of externment and he relied on several decisions of this Court as well as Supreme Court. 2. Undoubtedly, the High Court has power to entertain the writ petition despite availability of regular remedy of appeal but then it is not necessary that the High Court must exercise its power. 2 3. In view of this legal position that the High Court is not obliged to entertain each and every petition and in my opinion, since regular statutory remedy of appeal is available, as a matter of right in favour of the petitioner, there is no need to exercise the writ jurisdiction. Hence, writ petition is disposed of reserving liberty in favour of the petitioner to file appeal before the competent forum as provided by law. 4. Interim orders made by this Court are vacated. 5. State of Maharashtra is directed to take action to implement the orders, subject to further order that will be passed by the State. Criminal Writ Petition stands disposed of. JUDGE SSW