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High Court

Bombay High Court Quashes Externment Order Against Petitioners in Maharashtra Police Act Case — Selective Dropping of Proceedings Against Co-Accused Renders Order Unsustainable. The court held that selective externment of only two out of six alleged gang members without any reason is not permissible under law, and externment from adjoining talukas beyond the district of alleged activities is unsustainable.

29 Aug 2022

The petitioners, Mohammad Bin Saeed Bin Kileb and Saeed Bin Mohammad Bin Kileb, filed a criminal writ petition before the Bombay High Court, Bench at ...

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 Petitioner in Maharashtra Police Act Case — Order Based on Vague Allegations and Non-Application of Mind. Externment Order Under Section 56(1)(b) of Maharashtra Police Act, 1951 Set Aside as Show Cause Notice Did Not Specify Incidents and Authorities Failed to Consider Less Restrictive Measures.

27 Jul 2017

The petitioner, Aslam s/o Shabbir Shaikh @ Bunty Jahagirdar, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the ...

High Court

High Court Quashes Externment Orders for Failure to Record Incamera Statements and Lack of Live Link. Order of externment set aside as the mandatory requirement under Section 56(1)(b) of the Maharashtra Police Act to record incamera statements and form opinion on witness unwillingness was not complied with, and reliance on already acquitted offences severed the live link.

13 Jan 2017

The petitioner filed a criminal writ petition under Articles 226 and 227 of the Constitution of India challenging the externment order dated 06.09.201...

High Court

Bombay High Court Quashes Externment Order for Lack of Material and Non-Compliance with Section 59 of Bombay Police Act, 1951. The externment order was set aside as the show-cause notice did not specify the area of externment and the in-camera statements lacked particulars.

21 Jun 2016

The petitioner, Imran Abdul Wahid Hasmi, challenged an externment order dated 30 December 2014 passed by the Deputy Commissioner of Police under Secti...

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 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 in Bombay Police Act Case — Lack of Material to Show Witnesses Unwilling to Come Forward. Externment order under Section 56(1)(a) and (b) of Bombay Police Act, 1951 set aside as in-camera statements did not indicate that witnesses were unwilling to depose due to fear.

11 May 2012

The petitioner, Baburao Changa Patil, challenged an externment order passed by the Deputy Commissioner of Police, Zone-I, Thane, under Section 56(1)(a...

High Court

Bombay High Court Quashes Externment Order for Non-Application of Mind and Lack of Material — Petitioner Externed Under Section 57(a)(i) of Bombay Police Act, 1951 Without Proper Consideration of In-Camera Statements and Old Convictions.

10 Aug 2005

The petitioner, Mohammed Alam Ibrahim Shaikh @ Aalu, challenged an externment order passed by the Deputy Commissioner of Police, Thane, under Section ...

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