Yasmeen Yakub Momin v. The Commissioner Of Police And ORS.

(11)-WP-2191-14.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2191 OF 2014 Yasmeen Yakub Momin ..Petitioner

Versus

The Commissioner of Police, Thane and others ..Respondents Mr. Manish Dubey i/by Mr. Akhilesh Singh, Advocate for the Petitioner.

Mrs. S. V. Sonawane, APP for the Respondent - State. CORAM : B. R. GAVAI & B. P. COLABAWALLA, JJ.

DATE : 15th JANUARY, 2018 P.C.

1] The Petitioner has filed present Petition seeking direction to the Respondent Nos.1 and 2 to initiate externment proceedings against some individuals named in the Petition.

2] The Petition is liable to be dismissed on two grounds. Firstly, it is for the Respondent authority to arrive at a subjective satisfaction as to whether the externment of a particular person is required to be carried out under the Bombay Police Act or not. A mandamus cannot be issued to the State authority qua a particular individual. Secondly, a person against whom such a relief is claimed, has not been impleaded as a party Respondent. The Petition suffers from non-joinder of necessary party. The Petition is dismissed.

[B. P. COLABAWALLA, J.] [B. R. GAVAI, J.] BGP.