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Judgment
Rule made returnable forthwith. Heard finally by the
consent of the learned Counsels appearing for the parties.
The challenge in this petition is to the order dated
18.8.2017 passed by respondent no.3/Sub-Divisional Magistrate,
Akot externing the petitioner from District Akola for a period of one
year. The appeal preferred by the petitioner has also been dismissed.
The show cause notice dated 23rd December, 2016
issued under Section 59 of the Maharashtra Police Act refers to two
First Information Reports lodged at Police Station, Akot for the
offence under Section 324 r/w 34 of the Indian Penal Code . The
offences were registered in the years 2011 and 2012. The petitioner
is acquitted in one of these two cases and in the remaining matter,
his appeal is pending before the Sessions Court and the sentence is
suspended. The show cause notice is issued on 23.12.2016 and the
order of externment was passed on 18.8.2017. We do not find any
live link in the matter to sustain the order of externment.
In the result, this Writ Petition is allowed. The order
dt.18.11.2017 passed by respondent no.1/Divisional Commissioner,
Amravati and the order dt.18.8.2017 passed by respondent
no.3/Sub-Divisional Magistrate, Akot are hereby quashed and set
aside.
Rule is made absolute in the above terms. No order as to
costs.