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
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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.)
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