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2025 DAILYLAW 42332 (BOM)

ANIL SADASHIV JAGTAP AND ORS v. THE DIVISIONAL COMMISSIONER, PUNE DIVISION, PUNE AND ANR.

WP/3736/2025 · 2025-09-16

Shri Shivkumar Dige

body2025

Judgment text

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51-WP-3736-2025 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3736 OF 2025 Anil Sadashiv Jagtap And Ors. ...Petitioners Versus The Divisional Commissioner, Pune Division, Pune And Anr. ...Respondents Mr. Shankar Katkar i/by Ms. Manisha Devkar for Petitioners. Ms. P. S. Rane, APP for the Respondent-State. CORAM : SHIVKUMAR DIGE, J. DATE : 16th SEPTEMBER 2025 P.C. 1. By this Writ Petition, Petitioners are challenging the externment order passed by the Divisional Commissioner, Pune dated 18th June, 2025. By the said order, the Petitioners have been externed from Solapur District for six months confirming the order of Superintendent of Police, Solapur dated 2nd April 2025. 2. It is contention of learned counsel for Petitioners that there are dispute between two families. The cases are filed against each other, so it cannot be considered as offence against the Society. The Petitioners are out of Solapur District almost for six months and externment period will be ended on 2nd October, 2025 i.e. 15 days from today. Considering these facts, externment order be quashed and set aside. Sajakali Jamadar SAJAKALI LIYAKAT JAMADAR Digitally signed by SAJAKALI LIYAKAT JAMADAR Date: 2025.09.17 18:00:29 +0530 51-WP-3736-2025 (CR).DOC 3. Learned APP submits that several offences are registered against the Petitioners. They have been released on bail and when they have committed offences there is no any reason to quash the impugned order. Hence, requested to dismiss the writ petition. 4. I have heard both learned counsels, perused the impugned order and documents produced on record. The Petitioners have been externed from Solapur District from 2nd April 2025. They are out of Solapur District for almost for six months. Considering these facts, I pass the following order : ORDER (i) Petition is allowed; (ii) Impugned orders passed by the learned Divisional Commissioner, Pune dated 18th June, 2025 in Externment Appeal No.67 of 2025 is quashed and set aside. 5. The Petition is allowed in the aforesaid terms and is accordingly disposed off. It is made clear that I have not decided this Petition on merit. 6. All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.) Sajakali Jamadar