Bombay High Court
AVINASH ANIL KOLIversusTHE STATE OF MAHARASHTRA AND ORS.
- Disposal
- Disposed Off
Holding
The Court directed the appellate authority to hear the Externment Appeal on 1 October 2026 and to dispose of it within eight weeks, barring any adjournments.
Summary
Petitioner Avinash Anil Koli filed a writ petition seeking a direction for the speedy disposal of his pending Externment Appeal No. 149 of 2026, filed under Section 60 of the Maharashtra Police Act, 1951, against an externment order dated 6 July 2026. The High Court examined the petitioner's limited grievance, which was merely for expeditious hearing before the appellate authority (Respondent No. 2). The Court, after hearing counsel for both sides, directed the petitioner to appear before the appellate authority on 1 October 2026 and ordered that the appeal be decided within eight weeks, prohibiting any further adjournments. No substantive merits of the externment order were addressed; the order dealt solely with procedural scheduling. Consequently, the writ petition was disposed of with the specified directions.
Issues considered
- Whether the High Court can direct the appellate authority to dispose of an Externment Appeal under Section 60 of the Maharashtra Police Act, 1951, within a specified time frame.
Legislation cited
- Maharashtra Police Act, 1951 — s. 60
Subjects
- externment
- Maharashtra Police Act
- Section 60
- writ petition
- expeditious disposal
- appellate authority
Judgment
916-WP-690-2026 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. WRIT PETITION NO. 690 OF 2026
Avinash Anil Koli … Petitioner
Versus
The State of Maharashtra & Ors. … Respondents
——————
Mr. Saurabh P. Tandale for the Petitioner.
Dr. A.A. Takalkar, A.P.P. for the Respondents-State.
Officer : Mr. S.B. Koli, P.C., Shiroli MIDC Police Station, present.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 11th September 2026.
PER COURT :
1. Heard Mr. Tandale, learned Advocate for the Petitioner and Dr.
Takalkar, learned A.P.P. for the Respondents-State.
2. Mr. Tandale, learned Advocate for the Petitioner, states that the limited
grievance of the Petitioner in the present Petition is that the externment
Appeal being Externment Appeal No. 149 of 2026, filed by the Petitioner
under Section 60 of the Maharashtra Police Act, 1951, challenging the
externment order dated 6th July 2026, issued by Respondent No. 3 is pending
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916-WP-690-2026 (CR).docx
for disposal before the Respondent No. 2 (Appellate Authority). He therefore
requests a direction to the Respondent No. 2 for expeditious disposal of the
said Appeal.
3. Dr. Takalkar, learned A.P.P. for the Respondents-State, submits that as
the request in this present Petition is only for expeditious disposal, she, on
instructions from the Respondent No. 2 (Appellate Authority), states that the
Externment Appeal No. 149/2026 pending before the Respondent No. 2
would be decided within a period of eight (8) weeks from the date fixed for
appearance in the said Appeal. Dr. Takalkar, learned A.P.P. for the
Respondents-State, on instructions from the Respondent No. 2 (Appellate
Authority), states that the Petitioner be directed to appear before the
Respondent No. 2 on 1st October 2026. at 11:00 a.m..
4. Mr. Tandale, learned Advocate for the Petitioner, on instruction from
the Petitioner, states that the Petitioner shall appear before the Respondent
No. 2 (Appellate Authority) on 1 st October 2026, at 11:00 a.m. and that no
further notice of appearance is required for the petitioner.
5. In view of the above, Mr. Tandale, learned Advocate for the Petitioner,
states that this Petition be disposed of.
6. This Petition is disposed of with the following order:
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916-WP-690-2026 (CR).docx
(a) The petitioner shall appear before the Respondent No. 2
(Appellate Authority) in Externment Appeal No. 149 of 2026
on 1st October 2026, at 11:00 a.m. and thereafter as and
when required by the Respondent No. 2 (Appellate
Authority).
(b) The Respondent No. 2 shall dispose of the Externment Appeal
No. 149 of 2026 within eight (8) weeks from 1 st October 2026
after hearing the concerned parties.
(c) The Petitioner shall not seek any adjournment in Externment
Appeal No. 149 of 2026.
7. Writ Petition No. 690 of 2026 is accordingly disposed of.
[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.09.11
17:11:32 +0530
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