Created by Fuzzy Cloud

Bombay High Court

PARVEZ HUSAIN PATEL AND ORSversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is allowed, and the Divisional Commissioner is directed to decide the pending interim stay application as early as possible.

Summary

The petitioners, who have been externed from Mumbai city, Mumbai suburban and Thane for one year, filed an appeal against the externment order and within that appeal sought an interim stay of the order on 7 July 2026. Under the Maharashtra Police Act, such interim applications must be decided within seven days, but two months elapsed without a decision. The petitioners moved this Court for a direction to the Divisional Commissioner to decide the pending interim stay application promptly. The Court heard counsel for both sides and noted the statutory time limit had been breached. Accordingly, the Court allowed the petition, directing the Divisional Commissioner to decide the interim stay application as soon as possible and granting liberty to file further appropriate proceedings.

Issues considered

  • Whether the delay of two months in deciding the interim stay application violates the statutory requirement of a seven‑day decision period under the Maharashtra Police Act.

Legislation cited

Subjects

  • externment
  • interim stay
  • Maharashtra Police Act
  • delay in decision
  • writ petition
  • criminal appellate jurisdiction

Judgment

                                                                                             89-WP-3942-2026 (CR).doc


                              N.S.Kamble


                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION

                                                 CR. WRIT PETITION NO. 3942 OF 2026

                              Parvez Husain Patel And Ors                 ...Petitioners
                              Versus
                              The State of Maharashtra And Ors            ...Respondents
                              ____________________________________________________________
                              Mr.Dinesh Jadhwani, for the Petitioners.
                              Ms.R.D. Humane, APP for Respondent-State.
           Digitally signed
NILAM   by NILAM
        SANTOSH
                              Mr.Naresh Rajaram Ghag, PSI, Samata Nagar Police Station.
SANTOSH KAMBLE
KAMBLE Date: 2026.09.17
           10:54:24 +0530
                              ____________________________________________________________
                                                                  CORAM : SHIVKUMAR DIGE, J.
                                                                  DATE           : 16th SEPTEMBER, 2026

                              P.C. :

                              .              By this Petition, the Petitioner is praying to decide the Interim

                              Stay Application dated 7th July 2026 filed in Externment Appeal No.78 of

                              2026 pending before Respondent No.2.

                              2.             It is contention of learned counsel for the Petitioners that the

                              Petitioner is externed from the districts Mumbai city, Mumbai suburban and

                              Thane for the period of one year. The learned counsel further submitted

                              that the Petitioner has challenged the externment order by way of Appeal,

                              which is pending before Respondent No.2.                In the said Appeal the

                              Petitioner has filed Interim Stay Application to the impugned order as per

                              provisions of law. The said Interim Application shall be decided within 7


                                                                   Page 1 of 2
                                                                89-WP-3942-2026 (CR).doc


N.S.Kamble


days of filing of the said Application but for two months no order is passed

on the said Application hence, requested to direction be given to

Respondent No.2 to decide the Interim Stay application as early as possible

and requested to allow the Petition.

3.           It is contention of learned APP that appropriate order be passed.

4.           I have heard both learned counsel.

5.           As the Petitioners Application for Interim Stay to the externment

order is pending before Respondent No.2 as per provisions of the

Maharashtra Police Act, the said Interim Application shall be decided within

seven days after filing of it, but it is pending for two months.

6.           Considering these facts, I pass following order.

                                    ORDER

              (i)       The Petition is allowed.
              (ii)      The Respondent No.2 Divisional Commissioner,
              Konkan Division, Mumbai shall decide pending Interim stay
              Application dated 7th July 2026 as early as possible.
              (iii)     Liberty is granted to file appropriate proceedings
              before this court.
              (iv)      All pending Applications are disposed of.



                                                  (SHIVKUMAR DIGE, J.)




                                    Page 2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.