1 WP 503-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.503 OF 2011 Jitendra alias Jitu Bindeshwar .Petitioner Prasad Sharma V/s. The State of Maharashtra & anr. .Respondents Mr.A.P.Mundargi, Senior Counsel with Mr.S.V.Marwadi, for the Petitioner Mrs.S.D.Shinde, APP, for Respondent No.1 - State CORAM : R.C.CHAVAN, J. DATE : 22ND FEBRUARY, 2011 P.C. . Rule by consent, made returnable forthwith. 2. This Petition questions the appellate order passed by the Home Secretary, Government of Maharashtra, maintaining externment order passed by the Deputy Commissioner of Police, Zone-9, Mumbai, on the ground that the Deputy Commissioner of Police had not given any hearing to the petitioner as contemplated 2 WP 503-2011 under Section 59 of the Bombay Police Act. The learned APP upon perusal of the record states that the Deputy Commissioner of Police has passed the order on the basis of enquiry conducted by the Assistant Commissioner of Police and had not himself given any hearing to the petitioner. 3. In view of this, in failure to comply with the requirement of Section 59 of the Bombay Police Act, order cannot be sustained. 4. Writ Petition is, therefore, allowed. The impugned order is quashed and set aside. (R.C.CHAVAN, J.)