VISHAL PRASHANT PATIL AND ORS v. STATE OF MAHARASHTRA AND ANR
WP/4069/2025 · 2025-10-13
Shri Shivkumar Dige
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37290 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37290 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
7-WP-4069-2025 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4069 OF 2025
1. Vishal Prashant Patil
2. Amarjeet Anil Kshirsagar,
3. Amrut Rajendra Kalokhe
4. Shubham Mahesh Koli
5. Kisan Rajendra Kalokhe
6. Vijay Rajendra Kalokhe
7. Sagar Devendra Gaikwad ...Petitioners Versus The State of Maharashtra And Anr. ...Respondents Mr. Yash Fadtare,Advocate for the Petitioners. Mr. N. B. Patil, APP for the Respondent – State.
CORAM :
SHIVKUMAR DIGE, J. DATE :
13th OCTOBER, 2025. P.C.
1. The Petitioners have challenged impugned order passed by the Divisional Commissioner and Appellate Authority, Pune i.e. Respondent No.1 dated 25th November, 2024 thereby Respondent No.1 has externed the Petitioners from District Sangli, Taluka Shirol of District Kolhapur and from Taluka Karad of District Satara for two years. Sajakali Jamadar SAJAKALI LIYAKAT JAMADAR Digitally signed by SAJAKALI LIYAKAT JAMADAR Date: 2025.10.17 16:13:38 +0530
7-WP-4069-2025 (CR).DOC
2. It is contention of the learned counsel for the Petitioners that the Petitioners have completed around one year and three months out of two years. Learned counsel further submitted that the offences registered against the Petitioners are in Vita Police Station but Respondent No.1 has externed the Petitioners from entire District Sangli, Taluka Shirol of District Kolhapur and from Taluka Karad of District Satara which is erroneous. There is delay of more than one year for passing the order after issuing the show cause notice. Hence, requested to allow the Petition.
3. It is contention of learned APP that the Petitioners are the members of organized crimes syndicate. Several offences are registered against them including bodily offences. The sufficient opportunity was given to the Petitioners before passing order. The Respondent No.1 has passed well reasoned order. No interference is required in it and requested to dismiss the appeal.
4. I have heard both the learned counsels, perused the impugned order. It appears from the record that all offences against the Petitioners are registered at Vita Police Station. No N.C’s are filed showing that there is threat to the prosecution witnesses. The Respondent No.1 has externed the Petitioners from District Sangli and Taluka Shirol of District Kolhapur and from Taluka Karad of District Sajakali Jamadar
7-WP-4069-2025 (CR).DOC Satara. In my view, when no offences are registered against the Petitioners in these Talukas’, they cannot be externed from these Talukas’ unless something come on record that there is threat by the Petitioners to people living in that area. There is delay of more than one year in passing the order after issuing the show cause notice. The Petitioners have completed around one year and three months externment period. Considering these facts, I pass the following
order:
ORDER (i) The Writ Petition is allowed; (ii) The impugned externment order dated 25th November 2024 passed by Respondent No.1, Divisional Commissioner and Appellate Authority, Pune is quashed and set aside. (iii) The Writ Petition is disposed off.
(SHIVKUMAR DIGE, J.) Sajakali Jamadar