Bombay High Court
AKSHAY CHINTAMAN JADHAVversusSTATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court quashed the externment orders on the ground that the excessive delay destroyed any live link between the FIRs and the externment action.
Summary
The petitioner, Akshay Chintaman Jadhav, challenged two orders that externed him from several districts for two years, one dated 17 January 2025 by the Deputy Commissioner of Police and another dated 16 February 2026 by the Additional Commissioner of Police. The externment was based on eight FIRs registered between 2012 and 2023, the latest being on 29 July 2023, with show‑cause notices issued only in August and December 2024. The Court observed that more than a year elapsed between the last FIR and the initiation of the externment action, breaking any live link between the alleged offences and the punitive measure. Consequently, the Court held that the delay rendered the externment orders illegal and unsupported by the statutory framework. The orders were therefore quashed and set aside, and the writ petition was disposed of.
Issues considered
- Whether the externment orders issued by the police are valid despite the delay between the FIRs and the initiation of the externment action
- Whether a live link must exist between the registered FIRs and the externment order for it to be lawful
Subjects
- externment
- criminal procedure
- delay
- writ petition
- quashing order
- police authority
- show cause notice
Judgment
916-WP-1419-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1419 OF 2026
Akshay Chintaman Jadhav …Petitioner
Versus
The State of Maharashtra & Ors. …Respondents
Mr. Shashikant Chaudhari, Mr. Gyan Prakash Pal, Ms. Snehal S.
Chaudhari, Mr. Manoj Kumar Singh, Mr. Pranot Pawar, Ms. Ananya
Thakoor, Mr. Pranav Thakare i/b. Maharashtra Law Associates, for
the Petitioner.
Mr. S. V. Walve, APP, for the Respondent-State.
Mr. Kishor Shivram Tamboli, PSI, attached to Mandvi Police
Station, Vasai Virar Police Commissionerate, present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 19th AUGUST 2026
PC:-
1. Heard learned Counsel appearing for the Petitioner and
learned APP appearing for the Respondent-State.
2. By this Writ Petition, the challenge is to the legality and
validity of the order dated 17th January 2025 passed by the Deputy
Commissioner of Police, Zone-3, Mira Bhayandar, Vasai-Virar Police
Commissionerate in Externment Case No.3 of 2025 as also the
order dated 16th February 2026 passed by the Additional
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916-WP-1419-2026.DOC
Commissioner of Police, Konkan Division, in Appeal No.27 of 2025.
By the impugned order dated 17 th January 2025, the Petitioner has
been externed from Districts – Palghar, Thane, Greater Mumbai
and Mumbai Suburb for a period of two years. The said order is
confirmed by the Appellate Authority by the impugned order dated
16th February 2026. Perusal of both these orders shows that the
action of externment is taken on the basis of the following eight
crimes registered against the Petitioner:
Sr. FIR No. FIR Date Trial Court Details Chargesheet
No. Status
1. 35/2023 03/02/2023 RCC No.1003/2023 Chargesheet is
First Date filed-Awaiting
23/05/2023 Summons
Next Date
02/11/2026
2. 75/2023 18/03/2023 RCC No.2241/2023 Chargesheet is
First Date filed-Awaiting
03/10/2023 Summons
Next Date
11/01/2027
3. 189/2023 29/07/2023 RCC No.2114/2024 -
First Date
27/11/2024
Last Date
16/04/2026
Next Date
12/10/2026
4. 124/2023 05/05/2023 RCC No.1756/2024 Chargesheet is
First Date filed-Awaiting
22/08/2024 Summons
Last Date
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916-WP-1419-2026.DOC
15/06/2026
Next Date
07/12/2026
5. 156/2016 - RCC No.373/2018 -
6. 363/2014 - RCC No.1134/2016 -
First Date
30/09/2016
Last Date
23/06/2026
Next Date
07/01/2027
7. 467/2014 - RCC No.2898/2016 -
First Date
22/09/2016
Last Date
22/02/2026
Next Date
10/09/2026
8. 204/2012 - -
3. Perusal of the above chart shows that the FIRs were
registered in the year 2012, 2014, 2016 and 2023. Last FIR is
registered on 29th July 2023. Thereafter, three Show Cause Notices
were issued. The first Show Cause Notice is dated 6 th August 2024,
the second Show Cause Notice is dated 22 nd August 2024 and the
third Show Cause Notice is dated 31 st December 2024. Even if the
first Show Cause Notice is taken into consideration, which is dated
6th August 2024, then also there is a delay of more than one year in
initiating externment action. Therefore, there cannot be any live-
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link between the externment action and the FIR registered.
Accordingly, the impugned order dated 17th January 2025 passed
by the Deputy Commissioner of Police, Zone-3, Mira Bhayandar,
Vasai-Virar Police Commissionerate in Externment Case No.3 of
2025 and the order dated 16th February 2026 passed by the
Additional Commissioner of Police, Konkan Division, in Appeal
No.27 of 2025 are quashed and set aside.
4. Accordingly, the Writ Petition is disposed of.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.08.24
10:59:58
+0530
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