Mansing Vijay Bondre v. The Senior Police Inspector And ORS

11-wp-685-2023.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.685 OF 2023 Mansing Vijay Bondre ... Petitioner V/s.

The Senior Police Inspector and Ors.

... Respondents Mr. V.V. Purwant i/by Mr. Suraj V. Gadkari for the petitioner.

Mr. A.R. Patil, APP for the State.

Mr. S.M. Galave, PSI, Juna Rajwada Police Station. CORAM :AMIT BORKAR, J.

DATED :MARCH 20, 2023 P.C.:

1.

The challenge in this petition is to the externment notice dated 23rd December 2022, passed by respondent No.2. The scope of petition challenging notice issued by statutory authority is limited to the extent of power of person issuing notice and second on the ground of mala fides. From the averments in the petition, neither the details of mala fides have been pleaded nor the person against whom mala fides have been alleged has been made party. In so far as the officer who has issued notice is concerned, no material is placed on record to show that the officer has no power to issue such notice.

2.

The petitioner shall be entitled to raise all contentions raised in the petition before the appropriate authority which shall be

11-wp-685-2023.doc considered on merits. With the clarification as stated above there is no merit in the writ petition.

3.

The writ petition is dismissed. No costs.

(AMIT BORKAR, J.)