1 Criminal Writ Petition No.97/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.97 OF 2011 Baba Khan s/o Farukh Khan Pathan, Age 40 years, Occ. Social Work, R/o 531, Gandhi Nagar, Bhokar, Tq. Bhokar, District Nanded ... PETITIONER VERSUS 1. The State of Maharashtra Through Principal Secretary, Home Department, Mantralaya, Mumbai – 32. 2. The Sub-Divisional Magistrate, S.D.M. Office, Bhokar, Tq. Bhokar, District Nanded. 3. The Sub-Divisional Police Officer, Bhokar, Tq. Bhokar, District Nanded. ... RESPONDENTS ..... Shri S.C. Bhosale, Advocate for petitioner Shri D.R. Korde, A.P.P. for respondents ..... CORAM : K.U. CHANDIWAL, J. DATED : 22nd June, 2011. ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties. 2 Criminal Writ Petition No.97/2011 2. The petitioner questions the legality of the externment order dated 9.9.2010, by the Sub-Divisional Magistrate, Bhokar, confirmed in appeal before the Secretary, in December 2010. 3. Learned counsel for the externee submits that, the order has infringed his substantial rights and liberty to remain at Bhokar. The order is without proper procedure under the law. Counsel submits that, the reference to four unnamed statements in the order has no place in the notice which was served upon the externee. That apart, the externee has been acquitted in two cases, which are of 2001. However, same are also referred in causing externment. The appellate authority did not venture to controvert the acquittal or to deal with the same. 4. On perusal of the record, I find that the first case, C.R. No.173/2001 relates to events of a procession, wherein some members in the procession were giving slogans as “Pakistan Zindabad, Bin Laden Zindabad” and a unlawful assembly. The second prosecution – C.R. No.174/2001 also relates to the incident dated 30.10.2009 about forming unlawful assembly and causing obstruction to the lawful authorities of police. The third offence with Bhokar Police Station, Crime No. 3 Criminal Writ Petition No.97/2011 175/2001 relates to obstruction and assault on the complainant. The fourth offence, C.R. No.80/2007 relates to incident dated 2.9.2007 at 3.00 p.m. when the externee allegedly barged at the house of complainant and abused her and her father. The fifth case is Crime No.360/2006, dated 26.12.2006, alleging that the externee had been to the house of complainant as to enquire why a missed-call was forwarded to the mobile and there was exchange of words. The sixth case is a chapter case of 2004, the seventh case is a chapter case of 2007, the eighth is a chapter case of 2010, ninth case is chapter case under Section 144 of Criminal Procedure Code, on 10.9.2002, tenth case is a chapter case under Section 144 of the Criminal Procedure Code of 16.10.2002 and the 11th case is a case under Indian Forest Act vide Crime No.1/2010-11. 5. Survey of above prosecutions illustrate that stale cases of 2001 or the cases in which the petitioner has been acquitted are given reference. There is nothing to demonstrate that for the period 2008 or 2009 or 2010 the externee has indulged in criminal activities. The case under Forest Act has its different parameters to be considered. 6. The appellate authority should have considered that externment being at extreme stage, the acquittal should have 4 Criminal Writ Petition No.97/2011 been given weight and should have dealt upon the same to its worth or discussed threat perception running in the mind of people at large. No such events are attributed, indicated by the appellate authority. The order of externment is mechanical in its nature, consequently calls for interference, it is quashed and set aside. Writ Petition is allowed. Rule made absolute. (K.U. CHANDIWAL, J. )