Bombay High Court

KOMAL RAMCHANDRA DUMAL AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: Disposed Off

Holding

The petitioners are entitled to file a reply to the show‑cause notice and be heard before any externment order is passed.

Summary

The petitioners challenged a show‑cause notice dated 29 November 2025 issued by the police officials proposing their externment under Section 59 of the Maharashtra Police Act, 1951. They argued that the notice was issued without affording them a prior opportunity to be heard. The High Court examined whether the procedural requirement of a hearing under the Act had been complied with. The Court held that the petitioners must be allowed to file a reply to the notice and be heard before any externment order is passed. Accordingly, the petition was disposed, granting the petitioners liberty to submit a reply within two weeks and directing the respondents to hear them and pass a reasoned order.

Issues considered

Whether the show‑cause notice proposing externment under Section 59 of the Maharashtra Police Act, 1951, was validly issued without a prior hearing.
Whether the petitioners are entitled to a hearing and an opportunity to file a reply before any externment order is made.

Legislation cited

Maharashtra Police Act, 1951 — s. 59

Subjects

externment
show cause notice
right to be heard
Maharashtra Police Act
writ petition

Judgment

                                                            45-WP-474-2026 (CR).doc




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

                      WRIT PETITION NO. 474 OF 2026

Komal Ramchandra Dumal & Others                      ..… Petitioners
        VERSUS
The State of Maharashtra & Others                    ..… Respondents
                                    ...
Adv. Siyal Magdhum i/by Mr. Deshmukh Pankajsinh Arvind, Advocates
for Petitioners.
Mrs. Mahalaxmi Ganapathy, Additional Public Prosecutor for
Respondent-State.
Mr. Ajinkya More, PSI, Sangli City Police Station present.
                                    ...
                               CORAM : RAJESH S. PATIL AND
                                           ABHAY J. MANTRI, JJ.
                               DATE : 25 AUGUST 2026.
P. C. :

1.        In the present Writ Petition, the Petitioners have challenged the

show cause notice dated 29 November, 2025, issued by Respondent

Nos. 2 and 3, proposing externment under Section 59 of the

Maharashtra Police Act, 1951.

2.        We have heard the learned Counsel for both the sides. It would

suffice for the purposes of the present Petition if the Petitioners are

given an opportunity of hearing by permitting them to file their reply

and, thereafter, by granting them an opportunity of being heard by

Respondent Nos. 2 and 3.


Shubham                              1
                                                              45-WP-474-2026 (CR).doc




3.        In view of the same, the Petition stands disposed of with liberty to

the Petitioners to file their additional reply to the show cause notice

within a period of two weeks from today. Thereafter, Respondent Nos. 2

and 3 shall hear the Petitioners, either in person or through their

learned Advocate, and pass a reasoned order thereon.

4.        In view of the same, the Petition stands disposed of.




          (ABHAY J. MANTRI, J.)                    (RAJESH S. PATIL, J.)




             Digitally
             signed by
             TALLE
TALLE        SHUBHAM
SHUBHAM      ASHOKRAO
ASHOKRAO     Date:
             2026.08.27
             14:29:35
             +0530




Shubham                               2

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