Bombay High Court

SACHIN SHIVAJI SURVEversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 8 September 2026
Disposal: Disposed Off

Holding

The writ petition is disposed of as per the respondent's statement, without consideration of the merits.

Summary

The petitioner Arjun Vitthal Kudhekar filed a writ petition seeking the disposal of an Externment Appeal filed under Section 60 of the Maharashtra Police Act, challenging the legality of Externment Order No.11 of 2026 issued by the Deputy Commissioner of Police, Zone‑I, Pimpri‑Chinchwad. The respondent State of Maharashtra, through its Assistant Public Prosecutor, indicated that the appeal would be disposed of within four weeks. The High Court, relying on the respondent's statement, disposed of the writ petition without examining the merits of the challenge, expressly leaving all substantive contentions open for future consideration. No substantive reasoning on the legality of the order was provided. The order therefore merely procedural, directing that the appeal be dealt with in the stipulated time.

Issues considered

Whether the Externment Order No.11 of 2026 is legal and valid under the Maharashtra Police Act.
Whether the writ petition seeking immediate disposal of the Externment Appeal should be entertained on merits.

Legislation cited

Maharashtra Police Act — s. 60

Subjects

Externment
Maharashtra Police Act
Section 60
Writ petition
Procedural disposal
High Court

Judgment

                                                                              904-WP-4533-2026.doc


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                          WRIT PETITION NO.4533 OF 2026
ARJUN
VITTHAL
KUDHEKAR              Sachin Shivaji Surve                                    ...Petitioner
Digitally signed by
ARJUN VITTHAL                 Versus
KUDHEKAR
Date: 2026.09.08      The State of Maharashtra & Ors.                         ...Respondents
20:26:21 +0530
                                                     ——————

                      Mr. Vedant Babar i/b Rahul Kadam, for the Petitioner.
                      Mr. S. S. Ghag, APP, for the Respondent-State.
                      API Madhumati Shinde, Pimpri Police Station, Pune City, present.
                                                     ——————

                                                              Coram: Madhav J. Jamdar, J.
                                                              Date: 08 September 2026
                      P.C.:


                      1.      Mr. Babar, learned Counsel appearing for the Petitioner, states

                      that the Petitioner is seeking a very limited relief of disposal of the

                      Externment Appeal filed under Section 60 of the Maharashtra Police Act

                      pending before the Divisional Commissioner, Pune Region, Pune,

                      challenging the legality and validity of the Externment Order No.11 of

                      2026 dated 18th March 2026 passed by the Deputy Commissioner of

                      Police, Zone-I, Pimpri-Chinchwad, Pune, in a time-bound manner.

                      2.      Mr. Ghag, learned APP, for the Respondent-State, on instructions,

                      states that the said Appeal will be disposed of within a period of four

                      weeks from today.




                      Arjun                               1
                                                         904-WP-4533-2026.doc


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

statement made by learned APP appearing for the Respondent-State.

4.      It is clarified that this Court has not considered the merits and all

contentions on merits are expressly kept open.



                                                  [Madhav J. Jamdar, J.]




Arjun                                2

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