1 Cri. W.P.3396/10 Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3396 OF 2009 Latika Subhash Bhosale ..Petitioner Vs. The State of Maharashtara & Ors. ...Respondents Mr. R.V. Govilkar for the petitioner. Dr. F.R.Shaikh, APP for State. CORAM : B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATED : 11TH AUGUST, 2010 P.C. Heard Mr. Govilkar, the learned Counsel for the petitioner. The learned A.P.P. appears for the State. 2. Respondent No.5 was served with an order of externment and the said order was withdrawn/recalled by a further order dated 31st December, 2007. The petitioner impugns the said order dated 31st December, 2007. Before he filed this petition, he had approached the lower Appellate Authority i.e. the State Government and by order dated 16th December, 2008 he was informed that the order dated 31st December, 2007 was not appealable and under Section 60 2 Cri. W.P.3396/10 of the Mumbai Police Act, 1951 the order of externment would be appealable. 3. The learned Counsel for the petitioner submitted that the respondent No.5 was served with the externment order on the basis of various complaints lodged by the petitioner as well as other persons and the statements of witnesses recorded as in-camera statements. He, therefore, claims to be a person aggrieved by the order dated 31st December, 2007. We are not impressed by the submissions and if the petitioner has any complaint against the respondent No.5 pointing out that he has committed an offence punishable under any penal law, his remedy would be to file an F.I.R. with the Police Station concerned or approach the Court of competent jurisdiction with a private complaint. In addition, the petition has been filed belatedly with reference to the order dated 16th December, 2008 passed by the State Government in the Department of Home. 4. Hence the petition is rejected and this order will not come in the way of the petitioner to approach the concerned Police Station. (ANOOP V. MOHTA, J) (B.H. MARLAPALLE, J.)