Arbaz Javed Qureshi v. the State of Maharashtra Thr. Sub-Divisional Magistrated Chandrapur Dist. Chandrapur and Antoher
Bombay Police Act, 1951 – Externment – S.56(1)(a) and (b)
Case brief
What is this about?
Bombay High Court, Nagpur Bench; Criminal Writ Petition No.744 of 2024; Arbaz Javed Qureshi v. State of Maharashtra (through Sub-Divisional Magistrate, Chandrapur); decided 18.02.2025 by Nitin W. Sambre and Vrushali V. Joshi, JJ. Externment under S.56(1)(a) and (b), Bombay Police Act 1951; externment order dated 28.03.2024 based on five offences (Crime Nos. 954/2019, 250/2020, 252/2021, 1180/2023, 359/2023 per table at para 10, partly illegible). Petitioner acquitted in Crime No.954/2019 (Ss.324, 504, 506 read with S.34 IPC) and acquittal not verified by authorities; other four offences not under the IPC. Held: non-IPC offences cannot justify externment under S.56; order suffered from non-application of mind and failed the S.56 test; externment order quashed and set aside; writ petition allowed. No precedent cases cited; no monetary quantum.
What did the court decide?
The impugned order of externment dated 28th March, 2024 was quashed and set aside, and the Criminal Writ Petition was allowed in the above terms.