Bombay High Court
MOHD ANJUM ASHRAF SHAIKHversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The externment orders are quashed as the authorities improperly considered offences that were under investigation, acquitted, or too remote in time.
Summary
The petitioner, Arjun Vitthal Kudhekar, filed a writ petition under Article 226 challenging two externment orders dated 19 September 2025 and 27 March 2026. The petitioner argued that the authorities improperly considered offences that were either under investigation, already acquitted, or too remote in time to justify externment. The court examined the record and noted that the offence under CR No.254 of 2025 was still under investigation and therefore could not be taken into account. It also observed that the 2024 offence (CR No.234) had resulted in acquittal and lacked a live link to the 2025 externment, while the remaining offences dated 1998 and 2012 were similarly irrelevant. Relying on the settled legal position that pending or acquitted offences cannot form the basis of an externment order, the court quashed both orders. The writ petition was disposed of accordingly.
Issues considered
- Whether an offence that is under investigation can be considered for an externment order
- Whether an acquitted offence can be taken into account for externment
- Whether old offences without a live link can justify externment
Subjects
- externment
- Article 226
- writ petition
- investigation
- acquittal
- criminal procedure
- pending offence
Judgment
46-WP-2125-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.2125 OF 2026
ARJUN
VITTHAL Mohd Anjum Ashraf Shaikh ...Petitioner
KUDHEKAR Versus
Digitally signed by The State of Maharashtra ...Respondent
ARJUN VITTHAL
KUDHEKAR
Date: 2026.08.19
——————
13:02:37 +0530 Mr. Arif Siddiqui a/w Farheen Sheikh a/w Siraj Ansari, Noman Khan,
Makhdoom Shaikh, Essa Shaikh & Tahir Qureshi, for the Petitioner.
Mr. S. S. Ghag, APP, for the Respondent-State.
——————
Coram: Madhav J. Jamdar, J.
Date: August 18, 2026
P.C.:
1. Heard Mr. Siddiqui, learned Counsel appearing for the Petitioner
and Mr. Ghag, learned APP, for the Respondent-State.
2. By this Writ Petition filed under Article 226 of the Constitution of
India, the Petitioner is challenging the legality and validity of the Order
dated 19th September 2025 passed by the Deputy Commissioner of
Police, Zone-6, Chembur, Mumbai, in Externment Case No.379 of 2025
as well as the Order dated 27th March 2026 passed by the Divisional
Commissioner, Konkan Division, in Externment Appeal No.170 of 2025.
3. Perusal of the record shows that the Externing Authorities have
taken into consideration the following offences registered against the
Petitioner:
Arjun 1
46-WP-2125-2026.doc
Sr. Police Date of
FIR/Sections Court Cases Status
No. Station Register
C.R. No.37/98 527/PW/1998
10/03/1998 Settled in
1 Nehru Nagar Sections 323, 324 & 114 dated
Lok Adalat
of IPC 14/09/1998
C.R. No. 152/98 327/PW/1999
2 Nehru Nagar Sections 457 & 380 of 27/07/1998 dated Acquittal
IPC 03/05/1999
122/PW/1999
C.R. No. 154/198
3 Nehru Nagar 29/07/1998 dated Acquittal
Section 387 & 34 of IPC
28/04/1999
1434/PW/
C.R. No. 111/2012
2012
4 Chunabhatti Section- 506(2) & 34 of 02/07/2012 Acquittal
dated
IPC
12/10/2012
C.R. No. 234/2024 2454/PW/
Sections 385, 341, 324, 2024
5 Chunabhatti 12/06/2024 Acquittal
323, 504, 506(2) & 34 of dated
IPC 09/12/2024
C.R. No. 254/2025
Under
6 Chunabhatti Sections 285, 351(2), 16/05/2025
investigation
318(4) and 3(5) of BNS
4. A perusal of the above chart clearly shows that as the offence
bearing CR No.254 of 2025 was under investigation, the same could not
have been taken into consideration by the Externing Authorities, as it is
the settled legal position that the offence which is under investigation
cannot be taken into consideration while passing the externment order.
5. Insofar as the offence of the year 2024 bearing CR No.234 of 2024
is concerned, the Applicant has been acquitted. In any case, the said
offence is of the year 2024 and there is no live-link for taking action of
externment in the year 2025. Other three offences are of the year 1998
and one offence is of the year 2012. Obviously, the said offence cannot
be taken into consideration while passing the externment order.
Arjun 2
46-WP-2125-2026.doc
6. Accordingly, the Order dated 19th September 2025 passed by the
Deputy Commissioner of Police, Zone-6, Chembur, Mumbai, in
Externment Case No.379 of 2025, and the Order dated 27th March 2026
passed by the Divisional Commissioner, Konkan Division, in Externment
Appeal No.170 of 2025, are quashed and set aside.
7. The Writ Petition is disposed of in above terms.
[Madhav J. Jamdar, J.]
Arjun 3
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