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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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