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2025 DAILYLAW 57104 (BOM)

KAMLESH S/O HARISHCHANDRA MESHRAM v. THE STATE OF MAHARASHTRA THROUGH THE SUPERINTENDENT OF POLICE EXTERNMENT OFFICER NAGPUR AND OTHER

WP/1026/2024 · 2025-02-18

Shri Nitin W Sambre, Vrushali V Joshi

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Judgment text

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1 wp1026.2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.1026/2024 Kamlesh s/o Harishchandra Meshram Vs. The State of Maharashtra and others Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Mr. P.C. Malviya, Advocate for petitioner Mr. S.S.Doifode, APP for respondent nos.1 to 3. CORAM : NITIN W. SAMBRE & MRS. VRUSHALI V. JOSHI, JJ. DATE : FEBRUARY 18, 2025. 1. Heard. 2. We have perused the impugned order of externment dated 21st October, 2024, which was passed in exercise of powers under Section 55 of the Bombay Police Act. The externment order is based on the offences which are of the year 2020 which are stale in nature. 3. Apart from above, the fact remains that while invoking the provisions of Section 55 of the Bombay Police Act, the least that was expected is to demonstrate that the offfence was committed by the petitioner as gang member. 4. Once we have observed that the order of externment is based on the stale offences which are almost more than nine years old, the order of externment cannot be said to be sustainable. 5. That being so, the order impugned is hereby quashed and set aside. 6. The petition is allowed in the aforesaid terms. (MRS.VRUSHALI V. JOSHI, J.) (NITIN W.SAMBRE, J.) Mukund Ambulkar 2025:BHC-NAG:1638-DB