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High Court

Bombay High Court Allows Petitions to Quash Externment Orders in Gangakhed Cases — Orders Set Aside for Non-Compliance with Section 56(1)(b) of Maharashtra Police Act, 1951. The court held that failure to record satisfaction that witnesses are unwilling to depose against the petitioners due to fear of violence renders the externment order invalid.

7 Oct 2019

The judgment concerns four criminal writ petitions filed by Satish Limbaji Ghobale, Shubham @ Dada Dayayand Ghobale, Govind @ Jaypal Limbaji Ghobale, ...

High Court

Bombay High Court Quashes Externment Order Against Petitioner in Maharashtra Police Act Case — Order Based on Non-Existent Grounds and Mechanical Confirmation. Externment order under Section 56(1)(b) of Maharashtra Police Act, 1951 set aside as the Sub-Divisional Magistrate failed to apply independent mind and the appellate authority confirmed without proper application of mind.

4 Aug 2017

The petitioner, Nikhil Suresh Rajput (Patil), filed a Criminal Writ Petition before the Bombay High Court challenging an externment order passed by th...

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 Against Petitioner in Maharashtra Police Act Case — Order Based on Non-Existent Material and Vague Allegations. Externment Order Under Section 56(1)(b) of Maharashtra Police Act, 1951 Set Aside as Subjective Satisfaction of Authority Was Not Based on Objective Material.

19 Dec 2016

The petitioner, Sharad s/o Vithalrao Munde, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India before the Bombay H...

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 Partly Allows Application to Quash Excessive Externment Order Under Bombay Police Act — Externment from Five Districts Reduced to One District as Alleged Activities Were Confined to a Single Area. The court held that an externment order must be proportionate to the area of alleged prejudicial activities, and without recording subjective satisfaction, externment from multiple districts is excessive under Sections 56 and 59 of the Bombay Police Act, 1951.

7 Jan 2015

The applicant, Syed Noman Hussaini Kausar, filed a criminal application under Section 482 of the Criminal Procedure Code, 1973, before the Bombay High...

High Court

Bombay High Court Quashes Externment Order for Non-Compliance with Section 56 of Maharashtra Police Act, 1951 — In-Camera Statements Not Recorded as Required. Failure to Record In-Camera Statements and Lack of Material in Show-Cause Notice Regarding Witnesses' Fear Renders Externment Order Invalid.

21 Dec 2013

The petitioner, Bilal Gulam Rasul Patel, challenged an externment order dated 15th April, 2013 passed by the Sub-Divisional Magistrate, Thane, externi...

High Court

Bombay High Court Quashes Externment Order in Bombay Police Act Case — Excessive Geographical Extent and Duration Without Justification. Order externs petitioner from four districts for two years based on crimes in two police station limits; held arbitrary and unsustainable under Section 56(1)(a) and (b) of Bombay Police Act, 1951.

19 Oct 2013

The petitioner, Krishna @ Gotia Bajarang Chikne, challenged an externment order passed by the Deputy Commissioner of Police, Zone VI, Mumbai, under Se...

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 Under Bombay Police Act for Lack of Material to Show Petitioner as a Dangerous Person. The court held that mere registration of criminal cases and in-camera statements without evidence of public harm cannot sustain an externment order under Section 56(a)(b) of the Bombay Police Act, 1951.

20 Jun 2005

The petitioner, Naresh Hiralal Rathod, challenged an externment order passed under Section 56(a)(b) of the Bombay Police Act, 1951, by the Deputy Comm...

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