( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 406 OF 2009 Shaikh Mazhar s/o Shaikh Khairuddin PETITIONER VERSUS The State of Maharashtra & others. RESPONDENTS ..... Mr. M.K. Deshpande, advocate for the petitioner. Mrs. R.D. Reddy, APP for the respondent/State. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 21st August, 2009] PER COURT : 1. Heard learned counsel and learned APP. 2. The petitioner challenged order dated 11-02-2009 rendered by the respondent No. 1 whereby the externment order passed against him by the Sub- Divisional Officer, Ambajogai came to be confirmed. 3. The term of the externment order rendered under section 56 of the Bombay Police Act would expire on 31st August, 2009. The petitioner has filed the present petition at a very belated stage in the month of May, 2009, when almost three (3) months’ period was over. ( 2 ) Thereafter also, the petition was not immediately pressed into service and that the record regarding copy of the notice issued on 13th September, 2006 is still wanting. Under these special circumstances, the question regarding legality of externment order which is to expire by end of this month, need not be gone into. 4. The learned counsel for the petitioner would submit that atleast in future, the stale instances which are shown in the notice at Exhibit-D may not be used. It appears prima facie that the stale instances were used which were of the years 1991 to 2004. In future, no action may be taken on basis of such stale instances and unless there is material to infer that the petitioner has continued to indulge in nefarious activities, the action may not be warranted. With these observations, the petition is disposed of. [ V.R. KINGAONKAR ] JUDGE NPJ/CRIWP406-09