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Bombay High Court

ABDUL SHAKUR SHAIKHversusSTATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The writ petition is infructuous and is disposed of.

Summary

Abdul Shakur Shaikh filed a writ petition challenging an order dated 09‑02‑2024 that externally barred him from the Greater Mumbai, Navi Mumbai and Thane commissionerates for one year and six months, and also challenged the Divisional Commissioner’s order of 22‑04‑2024 rejecting his appeal against that externment. The petitioner argued that the period of externment had already elapsed, rendering the petition moot. The court examined the dates of the externment order and noted that the prescribed period had indeed expired. Consequently, the court held that the petition was infructuous. The writ petition was therefore disposed of.

Issues considered

  • Whether the writ petition remains maintainable after the expiry of the externment period?

Subjects

  • externment
  • writ petition
  • infructuous
  • High Court
  • criminal appellate jurisdiction

Judgment

          Digitally
          signed by
          RUSHIKESH
RUSHIKESH VISHNU
VISHNU    PATIL
PATIL     Date:
          2026.09.19
          11:56:18                                     1/2                     7 WP.3522.2024.odt
          +0530




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                           WRIT PETITION NO. 3522 OF 2024

                       Abdul Shakur Shaikh                              ..   Petitioner
                                            Versus
                       State of Maharashtra & Ors.                      ..   Respondents
                                                             …
                       Mr. Ashwet Bhoir i/by Mr. Shailesh Kharat, for the Petitioner.
                       Mr. Tanveer Khan, APP, for the Respondent -State.
                                                             ...
                                                     CORAM: ASHISH S. CHAVAN, J.

                                                     DATE    : 18th SEPTEMBER, 2026


                       P.C:-

                       1.          By way of this Writ Petition, the Petitioner has assailed

                       the     order      dated   09.02.2024       externing   him     from         the

                       areas/Commissionerates of Greater Mumbai, Navi Mumbai and

                       Thane for a period of one year and six months from the date of

                       the order. The Petitioner has also challenged the order dated

                       22.04.2024 passed by the Divisional Commissioner, Konkan

                       Division, inter alia, rejecting the Appeal filed by the Petitioner

                       against the aforesaid order of externment.                   The learned

                       counsel for the Petitioner submits that, since the period of

                       externment has elapsed, the Writ Petition has now become



                       Rushikesh
                                2/2                 7 WP.3522.2024.odt

infructuous and may be disposed of accordingly.

            In the light of the aforesaid submissions advanced by the

learned counsel for the Petitioner and noting the date of the

order of externment, the Writ Petition being infructuous, is

disposed of accordingly.



                                        (ASHISH S. CHAVAN, J.)




Rushikesh


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