Sadiq Mohd. Akhtar Khan v. The State of Maharashtra & Anr.

Mr.Ganesh Gole for the applicant. Mr.H.J.Dedhia, A.P.P for the State. CORAM : A.S.OKA, J. DATE : 25th June 2009. P.C.: . Heard learned counsel appearing for the applicant. The challenge in this application under section 482 of the Code of Criminal Procedure, 1973 is to the show cause notice issued to the aplicant under the provisions of the Bombay Police Act, 1951. The show cause notice calls upon the applicant to show cause as to why the order of externment should not be passed against him.

The learned counsel appearing for the applicant submitted that the action of issuing show cause notice is completely malafide. He submitted that an order of externment was passed 2 against the brother of the applicant which has been set aside. He pointed out that the brother of the applicant had filed a private complaint alleging commission of offences against the police officers and therefore out of the grudge, the impugned notice has been issued to the applicant.

After having heard the learned counsel appearing for the applicant, I find that no case is made out for interference at this stage. The applicant can always file a reply to the show cause notice and contest the matter. Even if adverse order is passed, remedies to the applicant are always open. Hence, application is disposed of. All contentions of the applicant are kept open.

(A.S.OKA,J)