Prasad Rajput (P.A.) 73-WP-38-2012.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 38 of 2012 Puranshankar Rajnarayan Mishra ...Petitioner Versus The State of Maharashtra and Ors. ...Respondents Mr. Hitendra Gandhi h/f Sandesh More, for the Petitioner. Ms. Anamika Malhotra, APP for the Respondent - State. CORAM Dr. Neela Gokhale, J. DATED: 16th October 2025 PC:- 1. The Petitioner challenges the externment order dated 15th November, 2011 as well as the order dated 15th December, 2011, passed in the Appeal against the impugned order which is also dismissed. 2. By order dated 23rd January, 2012, this Court while issuing rule granted interim relief to the Petitioner. Paragraph No.2, reads thus: 16th October 2025 Prasad Rajput (P.A.) 73-WP-38-2012.DOC “2. So far as C.R.No. 180/2009 is concerned, it was registered in the year 2009, i.e., two years prior to the passing of impugned order and therefore same could not have been relied upon, taking into consideration the underlying object of section 56 of the Bombay Police Act, 1951. C.R.No.395/2010 is in relation to offence punishable under sections 284 and 285 of IPC. Those offences could not have been also taken into consideration since those alleged offences do not fall within the scope of Chapter-XII, XVI or XVII of IPC. C.R.No.152/2011 is under investigation and even the charge-sheet in that case is not filed. In these circumstances, arguable points are raised. Hence, Rule. Rule returnable on 5/3/2012.” 3. Considering that the externment order is passed only on the basis of two offences registered against the Petitioner as observed by this Court, in its interim order, I am satisfied that the externment order deserves to be quashed and set aside. I have also gone through the Affidavit-in-Reply of Mr.Manoj G. Patil, Deputy Commissioner of Police, Zone – III, Kalyan, District: Thane dated 15th March, 2012. There is no averment in the said Affidavit justifying the impugned orders in respect of the said C.R.s pending against the Petitioner, on the basis of which the externment order was passed. 16th October 2025 Prasad Rajput (P.A.) 73-WP-38-2012.DOC 4. In view of the aforesaid, the externment order dated 15th November, 2011 is quashed and set aside. The order dated 15th December, 2011 dismissing the appeal of the Petitioner against the externment order is also quashed and set aside. 5. Writ Petition is allowed and disposed of. (Dr. Neela Gokhale, J) 16th October 2025