Bombay High Court
DEVYA @ DEVENDRA DILIP BHUSANEversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Dismissed
Holding
The Court held that the externment order is valid and dismissed the applicant's criminal application.
Summary
The applicant, Arjun Vitthal Kudhekar, challenged the one‑year externment order passed by the Sub‑Divisional Officer and confirmed by the Divisional Commissioner under Section 60 of the Maharashtra Police Act. The externment was based on a series of criminal cases filed against him between 2016 and 2025, including offences under the IPC, the Bombay Prevention of Gambling Act and the Atrocities Act. The applicant sought relief under Articles 226 and 227 of the Constitution, arguing that the order was improper. The High Court examined the show‑cause notice dated 1 July 2025 and the latest alleged offence of threatening witnesses in a Section 307 IPC case. Finding that the statutory procedure had been complied with and that the cumulative criminal record justified the externment, the Court dismissed the criminal application. Consequently, the externment order remained in force.
Issues considered
- Whether the externment order under Section 60 of the Maharashtra Police Act is valid in view of the applicant's multiple pending criminal cases.
- Whether the High Court should interfere with the externment order under Articles 226 and 227 of the Constitution.
Legislation cited
- Atrocities Act, 1989 — s. 3(1)(r), 3(1)(s)
- Bombay Prevention of Gambling Act — s. Section 12(A)
- Constitution of India — s. Article 226, Article 227
- Indian Penal Code, 1860 — s. 118(1), 307, 323, 34, 341, 3(5), 351(2), 504, 506
- Maharashtra Police Act, 1951 — s. Section 60
Subjects
- externment
- Section 60 Maharashtra Police Act
- Criminal application
- Articles 226 and 227
- Witness intimidation
- Multiple criminal cases
- High Court
Judgment
43-APL-514-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ARJUN CRIMINAL APPLICATION NO.514 OF 2026
VITTHAL
KUDHEKAR
Devya @ Devendra Dilip Bhusane ...Applicant
Digitally signed by
ARJUN VITTHAL Versus
KUDHEKAR
Date: 2026.08.21 The State of Maharashtra & Ors. ...Respondents
20:52:14 +0530
——————
Ms. Akshata B. Desai a/w Sahir Patel i/b Nitin Sejpal, for the Applicant.
Ms. S. M. Yadav, APP, for the Respondent-State.
API Deshmukh, Shrivardhan Police Station, District - Raigad, present.
——————
Coram: Madhav J. Jamdar, J.
Date: August 18, 2026
P.C.:
1. Heard Ms. Desai, learned Counsel appearing for the Applicant and
Ms. Yadav, learned APP, for the Respondent-State.
2. At the outset, Ms. Desai, learned Counsel for the Applicant seeks
leave to invoke the provisions of Articles 226 and 227 of the
Constitution of India. Accordingly, leave as sought is granted.
Amendment be carried out forthwith. Reverification is dispensed with.
3. By this Criminal Application, the Applicant is challenging the
Order dated 31st October 2025 passed by the Sub-Divisional Officer,
Shrivardhan, Division Shrivardhan, in Externment Case No.1 of 2025, as
also the Order dated 23rd February 2026 passed by the Divisional
Commissioner, Konkan Division, in Appeal No.174 of 2025 filed under
Section 60 of the Maharashtra Police Act, 1951.
Arjun 1
43-APL-514-2026.doc
4. By the impugned Order dated 31st October 2025, the Applicant
has been externed for a period of one year, and the said Order has been
confirmed by the Order dated 23rd February 2026 passed by the
Divisional Commissioner.
5. Perusal of the record shows that the action of externment has
been taken on the basis of the following criminal cases registered
against the Applicant:
Sr. CR/FIR No. Police Act/Sections Date of Status
No. Station Filing
1 CR. No.08/2025 Shrivardhan Sections 118(1), 351(2), 3(5) of BNS 30/01/2025 Court
Pending
2 CR. Shrivardhan Sections 341, 323, 504, 506, 34 of 09/07/2025 Court
No.108/2023 IPC Pending
3 CR. Shrivardhan Section 12(A) of Bombay Prevention 01/12/2022 Convicted on
No.166/2022 of Gambling Act 14/04/2023 -
Fine of Rs.
1000
4 CR. No. Shrivardhan Sections 323, 325, 504, 506, 34 of 22/03/2021 Court
11/2021 IPC Pending
5 CR. No.30/2020 Shrivardhan Sections 325, 323, 504, 506, 34 of 21/09/2020 Court
IPC Pending
6 CR. No.19/2019 Shrivardhan Sections 353, 392, 332, 323, 504, 21/07/2019 Court
506, 427, 34 of IPC and Sections 3(1) Pending
(r), 3(1)(s) of Atrocity Act 1989,
7 CR. No.76/2017 Shrivardhan Sections 143, 147, 148, 149, 324, 30/09/2017 Court
323, 504, 506 of IPC Pending
8 CR. No.58/2016 Shrivardhan Sections 394, 341, 504, 506 of IPC 2016 Released
6. The above chart clearly shows that action of externment is taken
on the basis of the criminal cases which have been filed in the years
2016, 2017, 2019, 2020, 2021, 2022, 2023 and 2025. Thus, practically
every year one criminal case is lodged against the Applicant.
7. The show-cause notice for taking action of externment is dated
1st July 2025. The last offence, registered on 30th January 2025 with
Shrivardhan Police Station, District Raigad, shows that even the threats
were given by the Applicant to some of the witnesses so that they
Arjun 2
43-APL-514-2026.doc
should not give evidence in Court in a case filed against the Applicant
under Section 307 of the Indian Penal Code, 1860. The externment is not
for the maximum period of two years but only for one year.
8. Thus, in the facts and circumstances, no case is made out for
interference in the impugned Orders.
9. Accordingly, the Criminal Application is dismissed.
[Madhav J. Jamdar, J.]
Arjun 3
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