Bombay High Court

PRADEEP BHAUSAHEB KALHAPURE AND ANRversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is infructuous and is therefore disposed of.

Summary

The petitioners were served notices dated 08.08.2018 by the State under Section 59 of the Bombay Police Act and faced further externment proceedings. They filed a criminal writ petition challenging the validity of those notices and the subsequent proceedings. The High Court examined whether the petition remained maintainable given the lapse of time since the notices were issued. The Court held that the petition had become infructuous due to the passage of time. Consequently, the petition was disposed of without further adjudication on the merits.

Issues considered

Whether the writ petition remains maintainable after the lapse of time rendering it infructuous

Legislation cited

Bombay Police Act — s. 59

Subjects

Bombay Police Act
Section 59
externment
infructuous petition
writ petition
High Court of Bombay

Judgment

                                     (1)
                                                     919 Cri.WP-582.2019.odt
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

      919 CRIMINAL WRIT PETITION NO. 582 OF 2019

     PRADEEP BHAUSAHEB KALHAPURE AND ANOTHER
                                 VERSUS
         THE STATE OF MAHARASHTRA AND OTHERS
---------------------------------------------------------------------------
                        None for the petitioners.
         Mrs. M.N. Ghanekar, A.G.P. for respondent-State.
---------------------------------------------------------------------------


                    CORAM : SANDIPKUMAR C. MORE AND
                            VAISHALI PATIL-JADHAV, JJ.

                    DATED       : 1st October, 2026

Per Court :

1.    None for the petitioners.

2.    The petition appears to be filed in respect of notices dated

08.08.2018 issued by respondent No.2 against the petitioners

under Section 59 of the Bombay Police Act and also for further

externment proceedings based on the said notices. However,

by the passage of time the petition has become infructuous.

In view of the same, the petition stands disposed of.



(VAISHALI PATIL-JADHAV)                    (SANDIPKUMAR C. MORE)
       JUDGE                                       JUDGE




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