920-WP-4593-2025 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4593 OF 2025 Ibrahim Khaja Kureshi And Anr. ...Petitioners Versus State Of Maharashtra And Ors. ...Respondents Mr. Sajid A. Bagwan i/b Mr. Pritesh Kharade for the petitioners Dr. A. A. Takalkar APP for the State CORAM : SHIVKUMAR DIGE, J. DATE : 17th DECEMBER, 2025. P.C. 1. The challenge in this Writ Petition is the order dated 6th November 2025 passed by the learned Divisional Commissioner, Pune in Externment Appeal/SR/EA/159/2024 filed under Section 60 of the Maharashtra Police Act. 2. It is contention of learned counsel for applicant that learned Divisional Commissioner has dismissed the Appeal filed by the petitioners and confirmed the order dated 4th August 2025 passed by the Deputy Commissioner of Police(Zone) Solapur City. Learned counsel further submitted that the offence registered against the petitioners are of Sadar Bazar Police Station, Faujdar Chawadi Police Station, Solapur City. But the petitioners have been externed from Iresh IRESH MASHAL Digitally signed by IRESH MASHAL Date: 2025.12.22 19:56:37 +0530 920-WP-4593-2025 (CR).DOC Solapur city, Solapur district and Dharashiv district which is erroneous. But this fact is not considered by the appellate authority while passing externment order and requested to allow the Writ Petition. 3. It is contention of learned APP that various offences are registered against the petitioners. Learned appellate authority has passed well reasoned order. No interference is required in it and requested to dismiss the Writ Petition. 4. Learned counsel for the petitioners on instructions submits that the petitioners undertake not to indulge in similar types of offences. 5. I have heard both learned counsels, perused the impugned order. The offence registered against the petitioners are at Sadar Bazar Police Station, Faujdar Chawadi Police Station that falls in Solapur city. But while passing order, Deputy Commissioner of Police(Zone) Solapur City has externed the petitioners from Solapur city, Solapur district and Dharashiv district and the said order is confirmed by the appellate authority without considering these facts. It appears that the order passed by the appellate authority is perverse and has passed without application of mind. When no offence is Iresh 920-WP-4593-2025 (CR).DOC committed by the petitioners out of the Solapur district, they cannot be externed from that district. 6. In view of above, I pass following order: O R D E R I. Writ Petition is allowed. II. The order dated 6th November 2025 passed by the learned Divisional Commissioner, Pune in Externment Appeal/SR/EA/159/2024 is hereby quashed and set aside. 7. Writ petition is disposed off in above terms. (SHIVKUMAR DIGE, J.) Iresh