Ashish S/O Narendra Gajbhiye vs The State Of Maharashtra Thr. Its ...

ik-20809525 Bombay High Court 5 December 2024 • WRIT PETITION NO. 511 OF 2024 • 6 min read

Judges (2)

Nitin W. Sambre Coram Vrushali V. Joshi Delivered

Counsel (4)

A.P. Tathod Counsel Intervener Aparna M. Telange Counsel Intervener H.P. Lingayat Counsel Petitioner U.R. Phasate Counsel Respondent

Parties (2)

State of Maharashtra Respondent Ashish Narendra Gajbhiye Petitioner

Case Significance

Ashish S/O Narendra Gajbhiye vs The State Of Maharashtra Thr. Its ... is a Bombay High Court decision dated December 5, 2024 (citation: ik-20809525). The petitioner challenged an externment order under Section 55 of the Maharashtra Police Act, 1951, passed by the Superintendent of Police, Bhandara. The Court found the order was based on stale offences without verification of whether the petitioner committed them, and the confidential witness statements were of a general nature against the entire gang without any specific incident against this petitioner. The externment order was quashed as illegal, and the intervenor's request for stay was The bench comprised Justices Nitin W. Sambre and Vrushali V. Joshi. The judgment was delivered by Justice Vrushali V. Joshi. Counsel appearing: A.P. Tathod (counsel for intervener), Aparna M. Telange (counsel for intervener), H.P. Lingayat (counsel for petitioner), U.R. Phasate (counsel for respondent).

Summary

The petitioner challenged an externment order under Section 55 of the Maharashtra Police Act, 1951, passed by the Superintendent of Police, Bhandara. The Court found the order was based on stale offences without verification of whether the petitioner committed them, and the confidential witness statements were of a general nature against the entire gang without any specific incident against this petitioner. The externment order was quashed as illegal, and the intervenor's request for stay was rejected as it would curtail the petitioner's fundamental right to liberty.

What was the outcome of Ashish S/O Narendra Gajbhiye vs The State Of Maharashtra Thr. Its ...?

The petitioner challenged an externment order under Section 55 of the Maharashtra Police Act, 1951, passed by the Superintendent of Police, Bhandara. The Court found the order was based on stale offen...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-20809525)