Case Note & Summary
The petitioner, Pratik s/o Prakashrao Kamble, challenged the externment order dated 16.03.2022 passed by the Deputy Commissioner of Police, Zone-2, Amravati City, under Section 56(1)(a) and (b) of the Maharashtra Police Act, 1951, directing him to remove himself from Amravati City and District for two years. The order was confirmed by the Divisional Commissioner, Amravati, on 25.08.2022. The externment was based on four criminal cases and one chapter proceeding under Section 110(e)(g) of the Code of Criminal Procedure. The crimes were registered at Frezarpura Police Station (Crime No.473/2015 under Sections 324, 504, 506, 34 IPC; Crime No.352/2018 under Sections 452, 323, 504, 506(B), 34 IPC) and Rajapeth Police Station (Crime No.180/2019 under Sections 324, 504, 506, 34 IPC; Crime No.181/2019 under Sections 324, 504, 506, 34 IPC). The chapter proceeding was initiated by Rajapeth Police Station. The petitioner was acquitted in three of the four crimes, and the chapter case was dropped. The court examined whether the externment order was sustainable. The petitioner argued that the crimes were stale, he was acquitted in most cases, and there was no material to show that he was a dangerous person or that witnesses were unwilling to depose. The State argued that the externment was necessary to prevent crimes. The court held that the externment order was based on stale crimes and acquittals, and the subjective satisfaction of the authority was not supported by objective material. The court quashed the externment order and the appellate order, allowing the petition.
Headnote
A) Maharashtra Police Act - Externment - Section 56(1)(a) and (b) - Requirement of Dangerous Character - The externment order must be based on material showing that the petitioner is a dangerous and desperate character or habitual offender, and that witnesses are unwilling to depose due to fear. In this case, the crimes were from 2015 and 2018, and the petitioner was acquitted in three out of four crimes, and the chapter case was dropped. Held that the externment order was not sustainable as the material did not justify the subjective satisfaction. (Paras 10-15) B) Criminal Procedure Code - Chapter Proceedings - Section 110(e)(g) - Relevance in Externment - The pendency of a chapter proceeding under Section 110 CrPC, which was later dropped, cannot be the sole basis for externment. Held that the externment order based on such proceeding and stale crimes is invalid. (Paras 12-14) C) Evidence - Appreciation of Acquittals - Effect on Externment - Acquittal in criminal cases weakens the foundation for externment as it indicates that the allegations were not proved. Held that the externment authority cannot rely on such cases to brand the person as dangerous. (Paras 13-15)
Issue of Consideration
Whether the externment order passed under Section 56(1)(a) and (b) of the Maharashtra Police Act, 1951 is sustainable when the crimes relied upon are old and the petitioner has been acquitted in most of them.
Final Decision
The petition is allowed. The externment order dated 16.03.2022 passed by the Deputy Commissioner of Police, Zone-2, Amravati City, and the appellate order dated 25.08.2022 passed by the Divisional Commissioner, Amravati, are quashed and set aside. Rule is made absolute.
Law Points
- Externment order must be based on material showing that the person is a dangerous and desperate character
- habitual offender
- or that witnesses are unwilling to come forward
- stale crimes cannot be the foundation for externment
- acquittal in criminal cases weakens the basis for externment
- subjective satisfaction of the authority must be based on objective material.
