Bombay High Court
SATISH PRASARAM WADARversusASSISTANT POLICE INSPECTOR AND ORS
- Disposal
- Disposed Off
Holding
The Court allowed the addition of the Divisional Commissioner as a respondent and directed the disposal of Externment Appeal No. 173 of 2026 within eight weeks from 1 October 2026.
Summary
The petitioner, Satish Prasaram Wadar, filed a criminal writ petition seeking direction for the disposal of an Externment Appeal (No. 173 of 2026) filed against an Externment Order dated 10 August 2026. By inadvertence, the Divisional Commissioner, Pune (the appellate authority) was omitted as a respondent, and the petitioner sought leave to add him, which was granted without objection. The petitioner contended that the appeal had not been registered or heard, but later confirmed its registration and requested an expeditious disposal. The respondents, through their A.P.P., indicated that the appeal would be heard on 1 October 2026 and disposed of within eight weeks. The Court ordered the petitioner to appear before the Divisional Commissioner on the specified date and directed the Commissioner to dispose of the appeal on its merits within eight weeks, and the writ petition was thereafter disposed.
Issues considered
- Whether the petitioner may be permitted to add the Divisional Commissioner, Pune as a respondent to the writ petition.
- Whether the Court can direct the Divisional Commissioner to dispose of the pending Externment Appeal within a specified time frame.
Subjects
- writ petition
- externment appeal
- procedural amendment
- addition of respondent
- expeditious disposal
- criminal appellate jurisdiction
Judgment
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7-WP-708-2026(CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. WRIT PETITION NO. 708 OF 2026
Satish Prasaram Wadar …...Petitioner
VERSUS.
Assistant Police Inspector And Ors. …...Respondents
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Ms. Shamma Mulla a/w Adv. Preetam Raje, for Petitioner.
Dr. Ashvini A. Takalkar, A.P.P. for Respondent Nos.1 to 6 – State.
PSI, Mr. Sanjay B. Naik, Kurundwad Police Station, present.
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Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
CORAM : ASHWIN D. BHOBE, J.
2026.09.15
11:12:50
+0530
DATE : 11th SEPTEMBER, 2026.
Oral Order:
1. At the outset, Mr. Shamma Mulla, learned Advocate for the
Petitioner, submits that, by inadvertence on her part, the Divisional
Commissioner, Pune (Appellate Authority), was not added as a Respondent
in this Petition. She therefore seeks leave to add the Divisional
Commissioner, Pune (Appellate Authority), as Respondent No. 6 to this
Petition. This request is not opposed by Dr. Ashvini A. Takalkar, learned
A.P.P. for Respondent Nos.1 to 5 – State.
2. In view of the no objection, leave is granted to add the Divisional
Commissioner, Pune (Appellate Authority), as Respondent No. 6. Ms.
Shantanu S. Dhudum
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7-WP-708-2026(CR).DOC
Shamma Mulla, learned Advocate for the Petitioner, seeks permission to
carry out the amendment forthwith. Permission is granted. The
amendment shall be carried out forthwith to join the Divisional
Commissioner, Pune (Appellate Authority), as Respondent No. 6.
3. Heard Ms. Shamma Mulla, learned Advocate for the Petitioner
and Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos. 1 to 6.
4. Ms. Shamma Mulla, learned Advocate for the Petitioner, submits
that the Petitioner’s limited grievance in this Petition is that the Externment
Appeal filed by the Petitioner against the Externment Order dated 10 th
August, 2026, before Respondent No.6 – Divisional Commissioner, Pune,
was not registered and consequently, not heard. However, on instructions,
she now states that the said Appeal has been registered as Externment
Appeal No.173 of 2026. She therefore requests that a direction be issued to
Respondent No.6 – Divisional Commissioner, Pune, to dispose of the said
Appeal expeditiously.
5. Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos. 1 to 6,
submits that Respondent No. 6 – Divisional Commissioner, Pune, will
dispose of Externment Appeal No. 173 of 2026 within eight (8) weeks from
the first date fixed in the matter. She, on instructions from Respondent No.
6 – Divisional Commissioner, Pune, states that the first date of hearing shall
be 1st October, 2026 at 11.00 a.m..
Shantanu S. Dhudum
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7-WP-708-2026(CR).DOC
6. Ms. Shamma Mulla, learned Advocate for the Petitioner, states
that the Petitioner shall appear before the Respondent No.6 – Divisional
Commissioner, Pune on 1st October, 2026 at 11.00 a.m. and submits that no
further notice is required. She submits that by recording the statement
made on behalf of Respondent No.6, this Petition can be disposed of.
7. In view of the above, this Petition is disposed of by the following
order:
ORDER
A) The Petitioner shall appear before Respondent No. 6 –
Divisional Commissioner, Pune (Appellate Authority), on 1 st
October, 2026, at 11:00 a.m. and thereafter as and when
Externment Appeal No. 173 of 2026 is fixed.
B) The Respondent No.6 – Divisional Commissioner, Pune,
shall dispose of Externment Appeal No.173 of 2026, after
affording a hearing to the concerned parties, on its own
merits and in accordance with law, within eight (8) weeks
from 1st October, 2026.
10. Ms. Shamma Mulla, learned Advocate for the Petitioner, on
instructions, states that the Petitioner shall co-operate with Respondent No.
6 – Divisional Commissioner, Pune, for expeditious disposal and shall not
seek any adjournment on the date fixed.
11. Criminal Writ Petition No.708 of 2026 is disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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