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Search Results for "externment order quashed"

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High Court

Bombay High Court Quashes Externment Order for Defective Show Cause Notice Under Section 59 Bombay Police Act, 1951. Show Cause Notice Failed to Specify Particulars of Offences and Witnesses, Violating Natural Justice.

15 Jan 2013

The petitioner, Hanuman Rajaram Mhatre, a resident of Dombivli, Thane, challenged the externment order passed by the Deputy Commissioner of Police, Zo...

High Court

Bombay High Court Quashes Externment Order Against Businessman for Lack of Independent Witness Verification and Non-Application of Mind. Externment under Section 56(1)(b) of Maharashtra Police Act, 1951 set aside as subjective satisfaction was based on hearsay and unverified police reports without examining independent witnesses.

12 Apr 2018

The petitioner, Kamalkishor s/o Pusaram Bang, a businessman aged 57 from Jalna, filed a Criminal Writ Petition challenging the externment order dated ...

High Court

Bombay High Court Quashes Externment Order Under Maharashtra Police Act Due to Non-Application of Mind and Lack of Material. The court held that mere registration of old criminal cases without evidence of continuing criminal activity or witness intimidation does not justify externment under Section 56(1)(b) of the Maharashtra Police Act, 1951.

24 Jan 2023

The petitioner, Harikesh @ Guddu Madan Kattilwar, challenged an externment order dated 5th April 2022 passed by the Deputy Commissioner of Police, Amr...

High Court

Bombay High Court Quashes Excessive Externment Order in Bombay Police Act Case — Externment from Three Districts Held Disproportionate When Activities Confined to One Area. The court held that without recording subjective satisfaction or reasons, an externment order cannot extend beyond the area of alleged prejudicial activities under Sections 56 and 59 of the Bombay Police Act, 1951.

14 Jul 2015

The petitioner, Ashraf Shamsher Ali Jagirdar, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Cou...

High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Lack of Material to Show Harm or Danger. Petitioner's involvement in two theft cases insufficient to justify externment under Section 56 of Maharashtra Police Act, 1951 as there was no evidence of witnesses unwilling to depose.

10 Oct 2016

The petitioner, Pankaj Prakash Shimpi, filed a writ petition under Article 226 of the Constitution of India challenging the externment proceedings ini...

High Court

Bombay High Court Quashes Externment Order for Violation of Natural Justice and Non-Compliance with Section 57(1)(a) of Bombay Police Act, 1951. Petitioner Externed Without Show Cause Notice or Opportunity of Hearing, and Without Evidence of Habitual Offending or Threat to Public Order.

21 Aug 2013

The petitioner, Dattatraya Ramchandra Jadhav, challenged an externment order dated 15th October 2012 passed by the Sub-Divisional Magistrate, Satara, ...

High Court

Bombay High Court Quashes Externment Order Due to Unexplained Delay in Proceedings — Preventive Action Must Be Decided with Utmost Despatch. The Court held that an unexplained delay of over two months between show cause notice and first hearing, and nearly one year to pass the order, casts serious doubt on the necessity of immediate removal under the Maharashtra Police Act.

2 Aug 2012

The petitioner, Mr. Nilesh Prabhakar Chondalkar, challenged an externment order passed on 8.2.2012 by the Appropriate Authority under the Maharashtra ...

High Court

Bombay High Court Quashes Externment Order Against Petitioner in Maharashtra Police Act Case — Failure to Consider Written Submissions and Supply Order Copy Violates Natural Justice. Appellate Authority's Order Set Aside as It Did Not Consider Petitioner's Written Submissions and Did Not Provide Copy of Order, Rendering the Externment Unsustainable Under Section 56 of Maharashtra Police Act, 1951.

8 Jun 2021

The petitioner, Ranjit Kumar Veeran, was a witness in a murder case (C.R. No. 43 of 2017) involving his business partner. Subsequently, he was falsely...

High Court

Bombay High Court Quashes Externment Order Against Woman in Maharashtra Police Act Case — Procedural Violations and Lack of Evidence Render Externment Invalid. Failure to Provide Show Cause Notice and Consider Less Restrictive Measures Under Section 56 of the Maharashtra Police Act, 1951 Leads to Setting Aside of Externment Order.

27 Apr 2017

The petitioner, Shanno @ Shamali Jafar Pathan, a 32-year-old woman agriculturist from Bhikanwada, Pathardi, Ahmednagar, challenged the externment orde...

High Court

Bombay High Court Quashes Externment Order for Non-Application of Mind — Acquittal in Key Case Not Considered. Externment under Section 56(1)(a) and (b) of Mumbai Police Act, 1951 set aside as externing authority failed to consider acquittal in Crime No.100/2019 and relied on stale and non-cognizable offences.

9 Oct 2020

The petitioner, Ganesh Murgesh Bajantri, challenged an externment order dated October 18, 2019 passed by the Deputy Commissioner of Police, Zone VII, ...

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