SM 1 3.wp.187.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.187 OF 2011 Bajirao Kisan Pekhle ....Petitioner Versus The Assistant Commissioner of Police and others ....Respondents ____________ Mrs. Mallika Ingale for the Petitioner. Mr. Y. M. Nakhwa, APP for the Respondent-State. CORAM: B. R. GAVAI, J. DATED : 1ST AUGUST, 2011. P.C.: Rule. Rule is made returnable forthwith. Heard by consent of the parties. 2. The petition impugns the order dated 28th April, 2010 thereby externing the petitioner from the area of Nashik City, Nashik Gramin, Ahamadnagar and Thane Gramin for a period of two years. 3. The petitioner's arrest has been made on the basis of three crime reports. First crime report bearing No. 581/09 which is dated 9th September, 2009. The second one bearing no. 597/09 is an alleged offence dated 16th September, 2009 and the third bearing no. 58/09 is of 20th September, 2009. The police authority has also filed a report on two N.Cs on 8th September, 2009 bearing no. 1972/09 and 1973/09. 4. The learned APP, vehemently, opposes the petition. SM 2 3.wp.187.11 5. It can, thus, be seen that all the activities of the petitioner are between 9th September, 2009 to 20th September, 2009, i.e., within a period of 11 days. No crime prior to 8th September, 2009 or after 20th September, 2009 is pointed out in the affidavit-in-reply filed by the respondent-authorities. 6. In that view of the matter, in the facts of the present case, it cannot be said that the activities of the petitioner are of such a nature which warrant the severe step of externment, which deprives the liberty of his citizen. 7. Rule is made absolute in terms of prayer clause (c). (B. R. GAVAI, J.)