Bombay High Court

UMESH SHIVAJI MALIversusSTATE OF MAHARASHTRA AND ORS.

Disposal: Disposed Off
Bench: NANDESH SHANKARRAO DESHPANDE

Holding

A writ petition is not maintainable where an alternative and efficacious statutory remedy exists, though the Court may extend interim relief to enable the exercise of that remedy.

Summary

The petitioners Umesh Shivaji Mali and Shivaji Ganpati Mali filed writ petitions challenging an order dated 27‑10‑2025 issued by the State under Section 55 of the Maharashtra Police Act. They contended that the order was unlawful and sought to have the interim protection granted on 23‑12‑2025 extended to enable filing an appeal under Section 60. The Court held that because the statute provides a specific appeal mechanism, the writ petition was not maintainable as an alternative and efficacious remedy existed. Nonetheless, the Court exercised its discretion to extend the interim order for a further 15 days to allow the petitioners to file the statutory appeal. After the extension period, the interim protection would lapse and the petition was disposed of.

Issues considered

Whether a writ petition is maintainable when a specific statutory appeal under Section 60 of the Maharashtra Police Act is available.
Whether the Court can extend an interim order to facilitate the filing of such an appeal.

Legislation cited

Maharashtra Police Act — s. 55, 60

Subjects

writ petition
alternative remedy
Section 55
Section 60
Maharashtra Police Act
interim order
high court
criminal appellate jurisdiction

Judgment

                                                   905-WP-4700-2025 (CR).doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                 CRIMINAL APPELLATE JURISDICTION

                  CR. WRIT PETITION NO. 4700 OF 2025

                            Umesh Shivaji Mali
                                VERSUS
                      State Of Maharashtra And Ors.
                                   …
                                 WITH
                  CR. WRIT PETITION NO. 4701 OF 2025
                         Shivaji Ganpati Mali
                               VERSUS
                      The State Of Maharashtra
                                  ...
Mr. R M Shinde, Advocate for Petitioners.
Dr. A.A. Takalkar, APP for State.
                                  ...

                           CORAM : NANDESH S. DESHPANDE, J.
                           DATE : 12th JUNE, 2026.

P. C. :

1.        The present writ petition challenges the order dated

27.10.2025 passed by the respondent/State under Section 55 of the

Maharashtra Police Act. As can be seen from the provisions of the

said Act, an appeal lies under Section 60 to the State Government.

2.        In that view of the matter, in my view, since an alternate and

efficacious remedy is available to the petitioner, the present writ

petition is not maintainable.



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                                                          905-WP-4700-2025 (CR).doc


          3.   The learned counsel for the petitioner states that the ad-

          interim order dated 23.12.2025 be extended so as to enable the

          petitioner to file an appeal. Since the ad-interim order dated

          23.12.2025 is in force, I hereby extend the said order for a further

          period of 15 days from today so as to enable the petitioner to file

          the appeal under Section 60, as stated supra. After the expiration of

          the period of 15 days, the interim protection granted on 23.12.2025

          would automatically expire.

          4.   The writ petition is disposed of in the above terms.




                                             [NANDESH S. DESHPANDE, J.]


Shubham




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