Jitu Ramesh Nishad v. The Dy. Commissioner Of Police And ANR

Sr.No.27 WP 4025.15 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4025 OF 2015 Jitu Ramesh Nishad ..Petitioner

Versus

The Dy.Commissioner of Police, Zone XI, Kalyan and anr.

..Respondents Mr. U. N. Tripathi, advocate for the petitioner. Mrs. S. V. Sonavane, APP for the State.

CORAM : RANJIT MORE & S. C. GUPTE, JJ.

DATE : 25th JANUARY, 2016.

P. C. :

Heard Mr. Tripathi, learned counsel for the petitioner and Ms.Sonavane, learned APP for the State.

2.

Perused the impugned orders. The petitioner is externed from Thane District for a period of two years from the date of passing of the externment order under Section 56 (1) (a) and (b) of the Maharashtra Police Act on the finding that the movements and acts of the petitioner are causing alarm, danger and harm to person or property. A finding is also recorded that there is reasonable ground in believing that the petitioner is engaged in commission of offence involving force or violence or an offence punishable under Chapter XII, Shubhada S Kadam 1/2

Sr.No.27 WP 4025.15 XVI and XVII of the Indian Penal Code, 1860. In order to come to this conclusion, the competent authority relied upon in-camera statements, in addition to the nine offences registered against the petitioner. Subjective satisfaction is also recorded that the witnesses are not willing to come forward to give evidence in public against the petitioner by reason of apprehension on their part as regards safety of their person or property. In these circumstances, we are not inclined to entertain the petition. The petition is, accordingly, dismissed. [S. C. GUPTE, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2