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Judgment
Rule made returnable forthwith. Heard finally with the consent of the learned Counsels appearing for the parties.
The petitioner has been externed from Amravati District and rural areas by an order dated 7-9-2017 for a period of two years under Section 56 of the Maharashtra Police Act.
It is not in dispute that the show cause notice does not make reference to any in-camera statement actually recorded of the witnesses who are unwilling to depose against the petitioner, but the order impugned rests upon such statements. There is failure to provide effective opportunity to make representation. Apart from it, the petitioner was acquitted of the offence under Section 399 of the Indian Penal Code on 16.1.2016. But the show cause notice for externment shows that it is pending. This fact was brought to the notice of the Authorities concerned.
The matter is covered by the decision of this Court in Criminal Writ Petition No.932 of 2017, Ramiz Raja Ansar Patel .vs. State of Maharashtra and another . We are, therefore, required to allow this petition. In the result, the Writ Petition is allowed. The order dated 7-9-2017 passed by respondent no.1 externing the petitioner for a period of two years from the City of Amravati and
rural areas is hereby quashed and set aside.
No order as to costs.