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Shaikh Babu Shaikh Sardar Vs. State of Maharashtra - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai High Court
Decided On
Case NumberCriminal Writ Petition No. 416 of 1983
Judge
Reported in1984(2)BomCR681
ActsBombay Police Act, 1951 - Sections 57 and 59
AppellantShaikh Babu Shaikh Sardar
RespondentState of Maharashtra
Appellant AdvocateV.Z. Kankaria, Adv.
Respondent AdvocateN.M. Kachare, P.P.
DispositionPetition allowed
Excerpt:
.....code. the act does not contain any deeming provision which by fiction of law would term a police patil as a police officer. it could be possible that an act may specifically stipulate that a police patil for all intent and purpose shall be deemed to be a police officer under the provisions of the village police act and/or the criminal procedure code. in the absence of such a deeming fiction of law, it is difficult to confer the status of a police officer in law upon a police patil or accept the contention that the police patil is clothed with the powers and functions of a police officer. neither there is any specific provisions in the act not on principle of implied interpretation it can be said that provisions of the act suggest that the police patil is a police officer in law...........under article 226 of the constitution of india, the order of externment under section 57 of the bombay police act, 1951 is challenged by externee shaikh babu shaikh sardar.2. mr. kankaria, the learned counsel appearing for the petitioner-externee, has invited our attention to the show cause notice as well as the order. a bare perusal demonstrates that there is greater variance between the grounds mentioned in the show cause notice and the order of externment. in fact, this ground itself is sufficient to vitiate the order of externment. added to this is the circumstance that offences right from the year 1960 have been considered in the year 1982. many of the cases are under the criminal procedure code, outside the scope of section 57 of the bombay police act, 1951. the order of.....
Judgment:

V.A. Mohta, J.

1. By this writ petition under Article 226 of the Constitution of India, the order of externment under section 57 of the Bombay Police Act, 1951 is challenged by externee Shaikh Babu Shaikh Sardar.

2. Mr. Kankaria, the learned Counsel appearing for the petitioner-externee, has invited our attention to the show cause notice as well as the order. A bare perusal demonstrates that there is greater variance between the grounds mentioned in the show cause notice and the order of externment. In fact, this ground itself is sufficient to vitiate the order of externment. Added to this is the circumstance that offences right from the year 1960 have been considered in the year 1982. Many of the cases are under the Criminal Procedure Code, outside the scope of section 57 of the Bombay Police Act, 1951. The order of externment, thus, is vitiated also because of consideration of stale irrelevant matters.

3. To conclude, the petition is allowed. The impugned order is quashed and set aside and the rule is made absolute in terms of prayer Clause (a).


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