- 1 - 1757bhad rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.WRIT PETITION NO.1757 OF 2011 Mr.Irshad @ Pappu Mehmood Farooq Shaikh .. Applicant vs The State of Maharashtra (thr.D.C.P.Zone-1 Nasik city).. Respondent Mr.H.V.Bhadbhade for Applicant Mr.A.S.Shitole APP for Respondent CORAM: K.U.CHANDIWAL, J DATE: 21st September,2011 P.C. 1. Heard. The Applicant question the order of externment confirmed by the appellate authority externing him from Nasik Rural and Nasik city for a period of two years. 2. On reading the papers initially an impression was generated that the Applicant - 2 - 1757bhad was facing four different prosecutions of Sakharvada police station for the offences named therein and matters are pending before the Competent Court. On going through the affidavit of Sahebrao H.Patil Dy.Commissioner of Police, Zone-I, Nasik city it is explicit that these four events giving different crime nos are not four independent events but they culminate only of one incident of organising procession/morchas to seek redressal. The authorities felt it was rioting and there was loss of public property as it was damaged by protestors. The authorities have referred to the in-camera statements to inform that the Applicant has nefarious activities. However, the rioting events, the in-camera statements or its text would not be indicative as threat to public peace in the area. In identically placed situation, arising out of same events, another - 3 - 1757bhad Applicant Rammi Parmajit Singh Rajput was sought to be externed. He challenged the same in Writ Petition No.150 of 2011. By order dated 22.2.2011 such externment of said Rammi Parmajit Singh Rajput was quashed and set aside by this Court. 3. Learned counsel for the Applicant submits that case of said Rammi Paramajit Singh Rajput and the Applicant is identical in almost all the features. 4. This is an additional feather for the Applicant to get externment orders quashed and set aside. 5. Reading the papers, I find that the whole incident of arranging and organising the morcha against the atrocious act of the authorities has ignited a blowing situation to brand the Applicant a terror in society. - 4 - 1757bhad Situation does not indicate that the Applicant had polluted the atmosphere to tear and tease law and order in the region. Orders under challenge are quashed and set aside. Petition allowed. K.U.Chandiwal,J