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High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Lack of Live Link Between Conviction and Likely Future Offences. Single conviction under Section 324 IPC insufficient to justify externment under Section 57(1)(a)(i) of Maharashtra Police Act, 1951 without material showing tendency to commit similar offences.

10 May 2024

The petitioner challenged an externment order passed under Section 57(1)(a)(i) of the Maharashtra Police Act, 1951, externing him from Mumbai City, Mu...

High Court

Bombay High Court Quashes Externment Order Under Maharashtra Police Act for Non-Compliance with Section 59 — Failure to Record Subjective Satisfaction and Provide In-camera Statements. The court held that externment orders must strictly comply with procedural safeguards under Section 59 of the Maharashtra Police Act, 1951, including recording of in-camera statements and providing opportunity of hearing.

21 Sep 2023

The petitioner, Hussain alias Bantu Mohd. Bashir, challenged an externment order dated 31.01.2023 passed by the Deputy Commissioner of Police, Zone No...

High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case Due to Reliance on Stale and Previously Dropped Material. Fresh Proceedings Based on Same Incidents Without New Material Violate Principles of Natural Justice and Section 56 of Maharashtra Police Act, 1951.

8 Jun 2021

The petitioner, Jeetendra Ashok Bhosale, challenged an externment order dated 6 January 2021 passed by the Deputy Commissioner of Police, Zone-IV, Pun...

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 Delivers Judgment on Writ Petitions Challenging Externment Orders Passed Under Section 55 of Maharashtra Police Act — Petitioners Contended That Exclusion of Two Gang Members Vitiates Proceedings

25 Sep 2017

The case involves three criminal writ petitions filed before the Bombay High Court challenging the legality of an externment order dated 3.2.2017 pass...

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 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 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 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 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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