Bombay High Court

DIGVIJAY NANDKUMAR KHADE AND ANRversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: Allowed

Holding

The court allowed the petitioners to withdraw the writ petition and directed Respondent No.2 to dispose of any application filed under Section 163(5) of the BNSS, 2023, within the stipulated time.

Summary

The petitioners, Digvijay N. Khade & Anr., filed a writ petition challenging an order dated 10 September 2026 issued by Respondent No.2 under Section 163(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging it to be illegal. The State of Maharashtra contended that the order was valid and that any grievance should be pursued under Section 163(5) of the same Act. The petitioners sought to withdraw the writ and instead file an application under Section 163(5), requesting the court to direct an expeditious disposal before a specified deadline. The court granted leave to withdraw the petition, directed Respondent No.2 to consider any such application filed by 3:00 p.m. on the same day, and ordered the petition to be disposed of as withdrawn.

Issues considered

Whether the writ petition challenging the order under Section 163(2) of the BNSS, 2023 can be withdrawn and the petitioners directed to file an application under Section 163(5).
Whether the court can compel the respondent authority to dispose of the application expeditiously.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 163(2), 163(5)

Subjects

writ petition
certiorari
mandamus
withdrawal
BNSS 2023
Section 163
expeditious disposal
criminal appellate jurisdiction

Judgment

913-WP-745-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. WRIT PETITION NO. 745 OF 2026

Digvijay Nandkumar Khade & Anr. … Petitioners
Versus.
The State Of Maharashtra & Ors. … Respondents

-----
Mr. Dheeraj Patil for the Petitioners.
Mr. Nitin B. Patil, A.P.P. for the Respondents-State.
Officer : API Mr. Sunil Gaikwad, Shiroli MIDC Police Station, present.
-------

Coram : ASHWIN D. BHOBE, J.

Date : 17th September 2026.

PER COURT :

1. Heard Mr. Dheeraj Patil, learned Advocate for the Petitioners and Mr.

Nitin Patil, learned A.P.P. for the Respondents-State.

2. By this Petition, the Petitioners have sought the following substantive

reliefs :

“a. That this Hon'ble Court may be pleased to issue a Writ of
Certiorari or a writ in the nature of Certiorari, or any other
appropriate writ, order or direction, calling for the records
and proceedings pertaining to the impugned Order dated

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10.09.2026 passed by Respondent No. 2 and after
examining the legality and validity thereof, quash and set
aside the impugned order dated 10.09.2026 being EXHIBIT
A to this Writ Petition.

b. That this Hon'ble Court may be pleased to issue a Writ of
Mandamus or a writ in the nature of Mandamus, or any
other appropriate writ, order or direction, restraining
Respondents No. 2 to 4 and their subordinates from taking
any coercive action against the Petitioners in
furtherance/implementation of the impugned order dated
10.09.2026.”

3. Mr. Dheeraj Patil, learned Advocate for the Petitioners, submits that the

impugned Order dated 10th September 2026 (Exhibit-C, page 41), passed by

Respondent No. 2 under Section 163(2) of the Bharatiya Nagarik Suraksha

Sanhita, 2023 (BNSS), is illegal and liable to be quashed and set aside.

4. Mr. Nitin Patil, learned A.P.P. for the Respondents-State, submits that

the impugned Order dated 10 th September 2026 (Exhibit-C) was passed in

view of the exigency recorded in the impugned Order, by exercising powers

under Section 163(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023

(BNSS). He submits that if the Petitioners are aggrieved by the impugned

Order, they are entitled to take recourse to Section 163(5) of the BNSS, 2023.

He further submits that, if the Petitioners file such an application, Respondent

No. 2 shall dispose of it expeditiously after hearing the parties.

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5. Faced with the objection raised by Mr. Nitin Patil, learned A.P.P. for the

Respondents-State, Mr. Dheeraj Patil, learned Advocate for the Petitioners, on

instructions from the Petitioners, seeks leave to withdraw this Petition, with

liberty to file an application under Section 163(5) of the BNSS, 2023, before

Respondent No. 2. He submits that there is urgency in the matter, as the

period of externment commenced on 12 th September 2026 and would end on

26th September 2026. He states that the Petitioners will file the application

before Respondent No. 2 by 3:00 p.m. today. He further requests that

Respondent No. 2 be directed to consider and dispose of the same

expeditiously, particularly as 18th, 19th and 20th September 2026 are holidays.

6. Mr. Nitin Patil, learned A.P.P. for the Respondents-State, on instructions

from Respondent No. 2, states that if an application under Section 163(5) of

the BNSS, 2023 is filed by the Petitioners by 3:00 p.m. today and subject to

cooperation from the Petitioners and the Advocate for the Petitioners, an

endeavour will be made to dispose of the same by this evening. The

statement made by Mr. Nitin Patil, learned A.P.P. for the Respondents-State, is

fair and is accepted.

7. In view of the above, the following order is passed :

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ORDER

(a) The Petitioners are granted leave to withdraw this Petition, with

liberty to file an application under Section 163(5) of the BNSS,

2023, before Respondent No. 2, latest by 3:00 p.m. today.

(b) If such an application is filed within the time stipulated

hereinabove, the Respondent No. 2 shall, after affording the

Petitioners an opportunity of hearing, dispose of the application

expeditiously on its own merits and in accordance with law. As

stated by Mr. Nitin Patil, learned A.P.P., on instructions from the

Respondent No. 2, the application will be disposed of today

itself.

the early disposal of the said application.

8. The Writ Petition No.745 of 2026 is disposed of as withdrawn.

[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.09.17
14:38:43
+0530

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