Bombay High Court

NANDKUMAR VASANT KHADEversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: Allowed

Holding

The Court allowed the petitioner to withdraw the writ petition and directed him to file an application under Section 163(5) of the BNSS, 2023, which must be disposed of expeditiously.

Summary

The petitioner, Nandkumar Vasant Khade, challenged an order dated 10 September 2026 issued by Respondent No. 2 under Section 163(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging it was illegal. He sought writs of certiorari and mandamus to quash the order and restrain further coercive action. The State argued that the order was valid under the cited provision and that any grievance should be pursued via an application under Section 163(5) of the same Act. The petitioner then requested permission to withdraw the writ petition and instead file the Section 163(5) application, citing urgency due to an impending period of externment. The Court granted leave to withdraw the petition, directed the petitioner to file the application by 3:00 p.m. the same day, and ordered Respondent No. 2 to dispose of it expeditiously. Consequently, the writ petition was dismissed as withdrawn.

Issues considered

The legality of the order dated 10 September 2026 issued under Section 163(2) of the BNSS, 2023.
Whether the petitioner should pursue relief through an application under Section 163(5) of the BNSS, 2023.
The propriety of allowing the petitioner to withdraw the writ petition.

Legislation cited

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

Subjects

writ of certiorari
writ of mandamus
Bharatiya Nagarik Suraksha Sanhita
Section 163
withdrawal of petition
expeditious disposal

Judgment

914-WP-746-2026 (CR).docx

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

CRIMINAL APPELLATE JURISDICTION

CR. WRIT PETITION NO. 746 OF 2026

Nandkumar Vasant Khade … Petitioner
Versus
The State Of Maharashtra & Ors … Respondents

——————
Mr. Dheeraj Patil for the Petitioner.
Dr. A.A. Takalkar, A.P.P. for the Respondent-State.
——————

Coram : ASHWIN D. BHOBE, J.

Date : 17th September 2026.

PER COURT :

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

Takalkar, learned A.P.P. for the Respondents-State.

2. By the present Petition, the Petitioner 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.

c. 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 42), 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. Dr. A.A. Takalkar, 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). She submits that if the Petitioner is aggrieved by the impugned

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

She further submits that, if the Petitioner file such an application, Respondent

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

5. Faced with the said objection raised by Dr. A.A. Takalkar, learned A.P.P.

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

Petitioner, on instructions from the Petitioner, 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 Petitioner 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. Dr. A.A. Takalkar, 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 Petitioner and the Advocate for the

Petitioner, an endeavour will be made to dispose of the same by this evening.

The statement made by Dr. A.A. Takalkar, 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 Petitioner is 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

Petitioner an opportunity of hearing, dispose of the application

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

stated by Dr. A.A. Takalkar, 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.746 of 2026 is disposed of as withdrawn.

[ ASHWIN D. BHOBE, J. ]

Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.09.17
14:40:54
+0530

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