Mangesh S. Patil JUDGMENT
Mangesh S. Patil, J.
1. Rule. Rule is made returnable forthwith. With the consent of the parties heard finally.
2. In this petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure the petitioner is impugning the order passed by the Sub-Divisional Magistrate, Bhusawal dated 20.01.2017 passed under Section 56 (1) (b) of the Maharashtra Police Act, 1951 (hereinafter referred to as the Act), thereby externing him from Jalgaon and Dhule districts and also being aggrieved by dismissal of his Externment Appeal No. 19 of 2017 by the Divisional Commissioner-respondent No. 4 on 28.04.2017, confirming the externment to the extent of Jalgaon district.
3. The Police Inspector, Bazarpeth Police Station, Bhusawal submitted the externment proposal against the petitioner through the Superintendent of Police on 29.07.2016 before the respondent No. 2 Sub-Divisional Magistrate, Bhusawal on the ground that he is engaged or is about to engage in commission of offences involving force or violence. The respondent No. 3 who is the Sub-Divisional Police Officer, Bhusawal was authorised under Section 59 of the Act by the order dated 04.08.2016 to conduct an inquiry and to submit a report in respect of such proposal. Accordingly, he submitted the report on 03.09.2016 with his recommendation. Respondent No. 2 in pursuance of Section 59 (1) informed the petitioner general nature of allegations by the notice dated 05.08.2016. The petitioner submitted his written statement and after conducting necessary inquiry, the respondent No. 2 by the impugned order directed the petitioner to be externed out of Jalgaon and Dhule districts for a period of two years under the provisions of Section 56 (1) (b) with certain conditions.
4. The ground for passing the externment orders under Section 56 (1) (b) of the Act is as under :
"There are reasonable grounds for believing that the person is engaged or is about to be engaged in the commission of an offence punishable under Chapter XII, XVI or XVII of the Indian Penal Code or in the abetment of such offence and in the opinion of such officer witnesses are not willing to come forward to give evidence due to apprehension."
5. In arriving at such conclusion, following circumstances are referred to by the respondent No. 2 to justify his inference.
"(i) Crime Register No. 148 of 2014 for the offence punishable under Section 324 of the Indian Penal Code of Bazarpeth Police Station, Bhusawal is pending.
(ii) Crime Register No. 268 of 2014 for the offence punishable under Section 307, 323 r/w 34 of the Indian Penal Code of Bazarpeth Police Station, Bhusawal is pending.
(iii) Crime Register No. 138 of 2015 for the offence punishable under Section 326, 352, ........