1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1427 OF 2009 Shri.Raju Kaka Gaikwad .. Petitioner Versus The Assistant Commissioner of Police, Vikroli Division & Ors. .. Respondents Mr.Suresh M. Sabrad for the petitioner. Mr.Y.M.Nakhawa, A.P.P for the State. CORAM : A.S.OKA, J. DATE : 10th June 2009. P.C.: . Rule. The learned A.P.P waives service for the respondents. 2. The appeal preferred by the petitioner against an order of externment has been decided in absence of the petitioner. The learned A.P.P states that if the petitioner is directed to appear on a particular date before the Appellate Authority, the said Authority will expeditiously hear and decide the appeal. This petition need not be kept pending and the same is disposed of by passing following order: 2 : O R D E R : (i) The order dated 16th May 2009 is quashed and set aside and the appeal preferred by the petitioner is restored to the file of the Appellate Authority. (ii) The petitioner is directed to appear before the Appellate Authority on 01st July 2009 at 2.00 p.m. The Appellate Authority will decide the appeal after hearing the petitioner as expeditiously as possible and in any event within a period of four weeks from 01st July 2009. (iii) The limited protection granted by this Court by order dated 08th May 2009 in Criminal Writ Petition No.34 of 2009 will continue to operate till the disposal of the appeal. If the decision in appeal is adverse to the petitioner, the said protection will continue to operate for a period of two weeks from the date of communication of the order of the Appellate Authority to the petitioner. (iv) All the contentions of the parties on merits are kept open. (v) Rule is partly made absolute in above terms. (A.S.OKA,J)