VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION No. 727 OF 2008 Shivkumar @ Tarjan Mariappa Naiker Petitioner Vs. The State of Maharashtra & Anr. Respondents Mr. V. N. Tripati, for Petitioner. Mrs. U. V. Kejariwal, APP for the Respondent. CORAM : BILAL NAZKI, AND A. P. BHANGALE, JJ. DATE : APRIL 16, 2008. PC :- . Heard the learned counsel for the parties. Counter has been filed by the respondent. The grievance of the petitioner is that in terms of section 56 of the Bombay Police Act, 1951 the order of externment was passed against the petitioner for a period of six years. Whereas under the law, respondents are not empowered to make externment order beyond two years. The order which has been served on the petitioner clearly mentions that the petitioner has been externed for a period of six years and in fact the words "six years" in the order have been written in pen whereas the order itself is - 2 - typed. 2. Learned APP has filed counter affidavit of Dy. Commissioner of Police, Mulund and submits that it is a mistake in the order which was communicated to the petitioner whereas the record shows that the order of externment was passed for a period of only six months. We are of the view that we can only rely on the order which was communicated to the petitioner and it appears that the words "six years" were written in pen and as such the officer who passed the order wanted the externment of six years, although he had no power to do so. Therefore, on this ground alone, we quash the order, however give liberty to the respondents to pass a fresh and proper order, if the circumstances so warrant. With these observations, Writ Petition is allowed. Sd/- [ BILAL NAZKI, J. ] Sd/- [ A. P.BHANGALE, J.]