Bombay High Court
MOHAMMAD IMRAN MOHAMMAD YAHYA SIDDIQUEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
An externment order cannot be passed on the basis of an offence that is under investigation, and unrelated past cases do not justify externment; therefore, the orders were quashed.
Summary
The petitioner, Mohammad Imran, challenged the legality of an externment order dated 1 December 2025 issued by the Deputy Commissioner of Police, Zone XI, Mumbai, and a subsequent order dated 21 May 2026 by the Divisional Commissioner, Konkan Division. He argued that the externment authority considered three prior cases – two from 2015 and 2023 and one from 2025 – none of which had a live link to the externment action, and that the 2025 case was still under investigation when the notice was issued. The respondent State contended that the petitioner was a habitual criminal and the externment was justified. The Court examined the records and held that an offence that is under investigation cannot form the basis for an externment order, and that the older cases bore no relevance. Consequently, the Court allowed the writ petition, quashing both the externment order and the appellate order. The petition was disposed of in favour of the petitioner.
Issues considered
- Whether an externment order can be passed when the alleged offences are under investigation.
- Whether past cases with no live link can be considered for externment under the law.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115, 118, 181, 189, 190, 324, 351, 352, 74
- Indian Penal Code — s. 143, 144, 147, 149, 323, 324, 427, 448, 452, 504, 506
Subjects
- externment
- habitual criminal
- investigation
- quash
- criminal procedure
- order validity
Judgment
27 WP-4543-2026.DOC
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4543 OF 2026
Mohammad Imran Mohammad Yahya Siddique …Petitioner
Vs.
State of Maharashtra …Respondent
Mr. Milan Desai i/b Ashwini Desai, for the Petitioner.
Mr. S.S. Ghag, APP for the Respondent-State.
CORAM: MADHAV J. JAMDAR, J.
DATE : 22nd SEPTEMBER, 2026
P. C.:
1. Heard Mr. Desai, learned counsel appearing for the
Petitioner and Mr. Ghag, learned APP for the State.
2. By this Writ Petition, challenge is to the legality and validity
of order dated 1st December 2025 passed by the Deputy
Commissioner of Police, Zone XI, Mumbai in Externment Case No.
467 of 2025 as also challenge is to the order dated 21 st May 2026
passed by Divisional Commissioner, Konkan Division in Appeal No.
42 of 2026.
3. It is the submission of Mr. Desai, learned counsel appearing
for the Petitioner that total three cases of the years 2015, 2023 and
2025 are taken into consideration by the Externing Authority. He
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submits that as far as those three cases are concerned, two are of
the years 2015 and 2023, therefore, there is no live link between
those two cases and the externment action. He further submits
that as far as the third case which is of the year 2025 is concerned,
the same was under investigation when the notice was issued and
externment order was passed and therefore cannot be taken into
consideration.
4. On the other hand, Mr. Ghag, learned APP supports the
impugned order. He submits that the as the Petitioner is habitual
criminal, action is rightly taken.
5. Perusal of the record shows that Externing Authority has
taken into consideration three cases as per the following details :-
Sr. Police
Crime No. and Sections Status
No. Station
C.R. No. 292/2019, under
Malvani
Sections 452, 448, 427, 144, Pending before the
1. Police
143, 147 and 149 of the Court – 801/PW/16
Station
Indian Penal Code.
C.R. No. 654/2023, under
Malvani
Sections 324, 323, 504 and Pending before the
2. Police
506 of the Indian Penal Court – 4916/PW/25
Station
Code.
C.R. No. 581/2026, under
Sections 74, 118(1), 324(8),
Malvani
324(5), 115(2), 352,
3. Police Under Investigation
351(3), 181(1), 189(2) and
Station
190 of the Bharatiya Nyaya
Sanhita, 2023.
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6. Perusal of the above details show that the two cases are of
the year 2015 and 2023, therefore there is no live link between
those two cases and the action of externment. As far as the third
case is concerned, the same is of the year 2025 and when the
notice for taking action of externment is issued and the externment
order was passed, the said offence was under investigation. It is
settled legal position that if the offence is under investigation,
externment order cannot be passed on the basis of the same.
7. Accordingly, the Writ Petition is allowed. The order dated 1 st
December 2025 passed by the Deputy Commissioner of Police,
Zone XI, Mumbai in Externment Case No. 467 of 2025 and the
order dated 21st May 2026 passed by Divisional Commissioner,
Konkan Division in Appeal No. 42 of 2026 are quashed and set
aside.
8. The Writ Petition is disposed of in above terms.
[MADHAV J. JAMDAR, J.]
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