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Bombay High Court

NILESH SHANKAR WAGHMAREversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The externment orders were set aside as they were based on offences under investigation and lacked any special reasons for the two‑year restriction.

Summary

The petitioner, Nilesh Shankar Waghmare, challenged two police orders that externed him from the Pimpri Chinchwad and Pune Rural areas for two years. The orders were based on four offences listed under the Bharatiya Nyaya Sanhita, 2023, three of which were still under investigation when the externment was ordered. The petitioner argued that the FIRs arose from a private property dispute and that no special reasons were recorded for such a lengthy externment. The court held that an externment order cannot be issued on the basis of offences that are merely under investigation and that the order must state specific reasons, which were absent here. Consequently, both the 27 October 2025 and 5 May 2026 orders were quashed and the writ petition was disposed.

Issues considered

  • Whether an externment order can be validly passed when the alleged offences are still under investigation
  • Whether the police must record special reasons for imposing a two‑year externment
  • Whether FIRs arising from a private dispute justify the exercise of externment powers

Legislation cited

Subjects

  • externment
  • police authority
  • Bharatiya Nyaya Sanhita
  • private dispute
  • investigation
  • special reasons
  • constitutional writ
  • Articles 226 and 227

Judgment

                                                    22-WP-3021-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
             CRIMINAL WRIT PETITION NO.3021 OF 2026


Nilesh Shankar Waghmare                               …Petitioner
      Versus
The State of Maharashtra & Ors.                       …Respondents


Mr. Rahul Kadam a/w. Mr. Vedant Babar i/b. Mr. Sujay H. Gangal
a/w. Mr. Harshal Mule, for the Petitioner.
Mrs. Savita M. Yadav, APP, for the Respondent-State.
Ms. Priyanka Shivaji Karande, PSI, attached to Wakad Police
Station, Pune, present.


                       CORAM:       MADHAV J. JAMDAR, J.
                       DATED :      19th AUGUST 2026
PC:-


1.       Heard Mr. Kadam, learned Counsel appearing for the

Petitioner and Ms. Yadav, learned APP appearing for the

Respondent-State.



2.       By this Writ Petition filed under Articles 226 and 227 of the

Constitution of India, the challenge is to the legality and validity of

the order dated 27th October 2025 passed by the Deputy

Commissioner of Police, Zone-II, Pimpri Chinchwad, Pune in

Externment Case No.80 of 2025 and the order dated 5 th May 2026




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passed by the Additional Commissioner of Police, Pune Division,

Pune alias Appellate Authority in Appeal No.235 of 2025. By the

impugned order dated 27th October 2025, the Petitioner has been

externed for a period of two years from the area of Pimpri

Chinchwad Police Commissionerate, Pune City and area of Pune

Rural. The said order has been upheld by the impugned order

dated 5th May 2026 passed by the Additional Commissioner.



3.       It is the submission of learned Counsel appearing for the

Petitioner that all the offences are registered by the Petitioner’s

cousin brother or at his instance. He submits that in fact, the

externment action has also been taken against the First Informant

– Vishal alias Saki Sanjay Gaikwad and the said action of

externment has been set aside by a learned Single Judge by order

dated 2nd April 2026 passed in Criminal Writ Petition No.1268 of

2026. He further submits that no special reasons are set out for

externment of the Petitioner for maximum period of two years.



4.       Ms. Yadav, learned APP submits that there are four offences

registered in the year 2025. The action taken is in accordance with

law.




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5.       Perusal of the record shows that the action of externment

has been taken on the basis of the following four crimes.


  Sr. Police Station C.R. No.       Sections        Status of the
  No.                                                   case
   1 Wakad          30/2025 303(2),        118(1), Investigation
                              352,      351(2)(3),
                              3(5)      of     the
                              Bharatiya      Nyaya
                              Sanhita, 2023
   2 Wakad          323/2025 303(2),       189(2), Investigation
                              190, 324(4), 3(5)
                              of the Bharatiya
                              Nyaya        Sanhita,
                              2023
   3 Wakad          345/2025 194(2)        of the Sub-judiced
                              Bharatiya      Nyaya
                              Sanhita, 2023
   4 Wakad          586/2025 79, 351(2)(3) and Investigation
                              352 of the Bharatiya
                              Nyaya Sanhita,
                              2023



6.       The action is taken on the basis of four offences. However,

out of the same, three offences were under investigation when the

externment order has been passed. It is settled legal position that

the externment order cannot be passed on the basis of the offences

which are under investigation, . Apart from that, no special reasons

are given for externment of the Petitioner for maximum period of

two years.




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               7.       The FIRs are lodged as a result of private dispute between

               the Petitioner and the First Informant or at his instance over the

               proprietary and possessory title to the property. Thus, in the facts

               and circumstances, it is clear that the subjective satisfaction is not

               properly recorded. Even the subjective satisfaction regarding

               externment for maximum period of two years is also not recorded.



               8.       Accordingly, the order dated 27th October 2025 passed by the

               Deputy Commissioner of Police, Zone-II, Pimpri Chinchwad, Pune

               in Externment Case No.80 of 2025 and the order dated 5 th May

               2026 passed by the Additional Commissioner of Police, Pune

               Division, Pune alias Appellate Authority in Appeal No.235 of 2025

               are quashed and set aside.



               9.       The Writ Petition is disposed of.




                                                            [MADHAV J. JAMDAR, J.]



       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.08.24
       11:00:08
       +0530




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