Bombay High Court

LIYAKAT SHARAFAT QURESHIversusDEPUTY COMMISSIONER OF POLICE AND ORS

Decided: 27 July 2026
Disposal: Disposed Off
Bench: MADHAV JAMDAR

Holding

The writ petition is disposed of without consideration of merits because the related appeal is pending.

Summary

The Deputy Commissioner of Police, Thane, issued an order under Section 56(1)(A)(B) of the Maharashtra Police Act, 1951 directing the externment of the petitioner, Liyakat Sharafat Qureshi. The petitioner challenged this order by filing a criminal writ petition before the Bombay High Court. After filing the writ, the petitioner also lodged an appeal (No. 82 of 2026) before the Divisional Commissioner, Konkan Division, Mumbai. The State, through its APP, informed the Court that the appeal would be disposed of within a month. Consequently, the High Court disposed of the writ petition without addressing its merits, stating that the merits remain open for consideration pending the outcome of the appeal.

Issues considered

What is the propriety of disposing a writ petition challenging an externment order when an appeal against the order is pending?

Legislation cited

Maharashtra Police Act, 1951 — s. 56(1)(A)(B)

Subjects

externment
writ petition
Maharashtra Police Act
pending appeal
jurisdiction

Judgment

                                                    55-WP-3399-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
             CRIMINAL WRIT PETITION NO.3399 OF 2026


Liyakat Sharafat Qureshi                              …Petitioner
      Versus
Deputy Commissioner of Police & Ors.                  …Respondents


Mr. Nehal Desale, for the Petitioner.
Ms. Savita M. Yadav, APP, for the Respondent-State.
Mr. D. S. Kokate, PSI, Nayanagar Police Station, M.B.U.U., present
in Court.


                       CORAM:       MADHAV J. JAMDAR, J.
                       DATED :      27th JULY 2026
PC:-


1.       Heard Mr. Nehal Desale, learned Counsel appearing for the

Petitioner and Ms. Yadav, learned APP appearing for the

Respondent -State.



2.       Although in this Writ Petition, the challenge is to the order

dated 30th April 2026 passed by the Deputy Commissioner of

Police, Zone-1, MBVV, Thane, under Section 56(1)(A)(B) of the

Maharashtra Police Act, 1951 directing externment of the

Petitioner, Mr. Desale, learned Counsel appearing for the Petitioner

submits that after filing of the Writ Petition, the Petitioner has filed




                                 Page 1
Sonali
                                                                          55-WP-3399-2026.DOC




                      Appeal No.82 of 2026 before the Divisional Commissioner, Konkan

                      Division, Mumbai.



                      3.       Ms. Yadav, learned APP, on instructions, states that the said

                      Appeal will be disposed of within a period of one month from

                      today.



                      4.       Accordingly, the Writ Petition is disposed of in terms of the

                      statement made by the learned APP.



                      5.       It is clarified that this Court has not considered the merits

                      and all contentions on merits are expressly kept open.




                                                                  [MADHAV J. JAMDAR, J.]

 SONALI
 MILIND
 PATIL
Digitally signed by
SONALI MILIND
PATIL
Date: 2026.07.27
17:41:56 +0530




                                                       Page 2
                      Sonali

Continue reading with your account

Checking your session…