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
- Bharatiya Nyaya Sanhita, 2023 — s. 118(1), 190, 194(2), 303(2), 324(4), 3(5), 351(2)(3), 352, 79
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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22-WP-3021-2026.DOC
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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22-WP-3021-2026.DOC
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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22-WP-3021-2026.DOC
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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