Judgment 1 WP874-2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 874 OF 2024 Shaikh Najim Shaikh Khalid, Aged 38 years, Occupation: Labour, Resident of Khwaja Nagar, Sontakke Plot, Pola Chowk, Old City, Akola. …. PETITIONER. // VERSUS // 1) The Divisional Commissioner, Amravati Division, Amravati. 2) Superintendent of Police, Akola. …. RESPONDENTS . ______________________________________________________________ Shri Chetan A. Babrekar, Advocate for Petitioner. Ms Soniya Thakur, A.P.P. for Respondent Nos.1 & 2/State. ______________________________________________________________ CORAM : ANIL S. KILOR, J. DATED : FEBRUARY 17, 2025 ORAL JUDGMENT : 1. Heard. 2. RULE. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties. 3. The order of externment dated 08/01/2024 issued by the Superintendent of Police, Akola is under challenge in the present writ 2025:BHC-NAG:1665 Judgment 2 WP874-2024.odt petition. The Superintendent of Police vide said order externed the petitioner for two years from Akola district. 4. The learned counsel for the petitioner states that the chart of the past offences given in the order and even in the show cause notice shows that all the offences allegedly committed in Akola city and therefore, the order of externment removing the petitioner from Akola district for two years is illegal. 5. It is further argued that there is non-application of mind as despite the fact that on the date of issuance of the show cause notice and issuance of the order of externment dated 08/01/2024 the petitioner was acquitted from the crimes mentioned at Sr.Nos. 2 and 3 in the chart, the same, were shown as pending before the Court. 6. It is further pointed out that no reasons are recorded for externing the petitioner for maximum period of two years. 7. The learned A.P.P., on the other hand, produced the record and supports the order of externment and prays for rejection of the present writ petition. Judgment 3 WP874-2024.odt 8. I have perused the record and the impugned order and the material filed along with the writ petition. 9. It is evident from the record that though the petitioner was acquitted in Crime Nos.178 of 2021 and 225 of 2022, registered with Old City Police Station, Akola, the same were shown as pending. This fact is sufficient to say that the Superintendent of Police has not properly considered the record and it further shows non-application of mind while reaching to a particular conclusion to extern the petitioner. 10. Furthermore, it is pointed out that after the impugned order the petitioner has been acquitted in Crime No.162 of 2017, registered with Old City Police Station. Though subsequent acquittal is not relevant, but it shows that out of five in three cases the petitioner has been acquitted. 11. Furthermore, I find substance in the submission of the learned counsel for the petitioner that there is no reason recorded to extern the petitioner out of Akola district, though all the offences were allegedly committed within the jurisdiction of Old City Police Station. Further, there is no reason recorded to extern him for two years i.e. for maximum period. Judgment 4 WP874-2024.odt 12. In the circumstances, as it is evident from the order that the Superintendent of Police has not appreciated the record properly and on an incorrect information externed the petitioner, the order vitiates. Accordingly, I pass the following order : i) The petition is allowed. ii) The order dated 08/01/2024, issued by the Superintendent of Police, Akola, is hereby quashed and set aside. Rule is made absolute accordingly. ( ANIL S. KILOR, J ) RRaut..