( 1 ) 30-WP-918-2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 30 CRIMINAL WRIT PETITION NO. 918 OF 2025 Kartik Alias Sonu Dilip Bhosale ...Petitioner VERSUS The State Of Maharashtra And Others Respondents ... Mr. Datta A. Madake, Advocate for the Petitioner. Mr. R. B. Dhaware, APP for Respondent Nos. 1 to 5-State. CORAM : KISHORE C. SANT, J. DATE : 21st AUGUST 2025. PC :- 1. Heard Mr. Madake, the learned Advocate for the petitioner and Mr. Dhaware, learned APP for Respondent Nos. 1 to 5-State. The petition is heard finally at the stage of admission with the consent of the parties for final disposal. 2. The petitioner has approached this Court challenging action of externment taken by the learned Superintendent of Police, Jalgaon, by order dated 6th November 2024 and confirmed by the learned Divisional Ethape ( 2 ) 30-WP-918-2025 Commissioner, Nashik Division, Nashik, in externment Appeal No. 125 of 2024 by an order dated 30th May 2025. The petitioner is externed from Jalgaon district for two years. 3. The petitioner has approached this Court mainly on the grounds that there are only two offences pending against him. In one of the offences, no charge-sheet is even filed. His reply is not properly considered by the respondent No.2. From the order, no subjective satisfaction is appearing. Though it is mentioned in the order that the present petitioner happens to be a member of gang of one Vishal Wagh. There is no live-link between the offences and the action of externment. The learned Advocate for the petitioner therefore submits that the impugned action of externment deserves to be quashed and set aside. 4. Learned APP, on the other hand, vehemently argued that the petitioner is a member of Vishal Wagh gang. There are two offences pending against him. One case bearing No.441 of 2023 registered with City Police Station, Jalgaon, for the offences punishable under Sections Ethape ( 3 ) 30-WP-918-2025 307, 324, 323, 504, 506, 147, 148 and 149 of the IPC and Section 3/25 and 4/25 of the Arms Act. Another offence is registered with Jalgaon MIDC Police Station, Jalgaon, bearing C.R. No. 838 of 2023, for the offences under Sections 307, 143, 147, 148, 149, 323, 504, 506 of the IPC. In both the matters, now charge-sheet is filed on 22nd April 2025 and 21st June 2025, respectively. There are also secret statements recorded of two persons indicating that people in the locality are not coming forward to speak against the petitioner. He thus submits that the authorities have rightly considered all these aspects and have passed the orders. He thus prays for dismissal of the writ petition. 5. This Court has gone through the impugned order. It is seen that the material appearing against the present petitioner is of two offences which are already discussed above. Though it is alleged that he happens to be a member of Vishal Wagh gang, nothing is shown that the petitioner is a member of that gang. It does appear that proper opportunity of hearing was given and reply was taken on record. However, the order shows that the petitioner happens to be a member of Ethape ( 4 ) 30-WP-918-2025 gang. There is sufficient reasoning shown to come to the conclusion that the petitioner happens to be a member of the gang. This Court thus finds that the material considered is not sufficient to take drastic action of externment against the petitioner. Considering the secret statements also, this Court finds that those are not sufficient enough to take excessive action, and therefore, the action of externment taken against the petitioner is quashed and set aside. Hence the following order: ORDER (i) Criminal Writ Petition stands allowed in terms of prayer clause (C). (ii) Criminal Writ Petition stands disposed off. [KISHORE C. SANT, J.] Ethape