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2025 DAILYLAW 75137 (BOM)

NASEER AHMAD ISMAIL SHEIKH v. THE STATE OF MAHARASHTRA AND OTHERS

WP/4581/2025 · 2025-11-13

Shri Shivkumar Dige

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

912-WP-4581-2025 (CR) SPEAKING.DOC Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4581 OF 2025 Naseer Ahmad Ismail Sheikh ...Petitioner Versus The State Of Maharashtra And Others ...Respondents ------- Mr. Gautam S. Pawar a/w Vinay B. Kadam Advocate for the Petitioner. Mr. S. H. Yadav, APP for the Respondent-State. PI Amol Chavan, Savantwadi Police Station Sindhudurg. ------- CORAM : SHIVKUMAR DIGE, J. DATE : 13th NOVEMBER, 2025. P.C. 1. By this petition, petitioner is seeking stay to externment order passed by the appellate authority dated 25th September, 2025. 2. Learned counsel for the petitioner submit that the petitioner is externed for one year from three districts i.e. Sindhudurg, Kolhapur and Ratnagiri by Sub-Divisional Magistrate, Sawantwadi. The Petitioner had challenged the said order before the appellate authority and it is confirmed. The petitioner wants to contest the election of Nagar Panchayat and Nagar Parishad, hence requested for staying the impugned order passed by the appellate authority and requested to allow the writ petition. This order is corrected pursuant to speaking to minutes order dated 17th November, 2025. HARISH VITHAL CHAUDHARI Digitally signed by HARISH VITHAL CHAUDHARI Date: 2025.11.20 10:49:50 +0530 912-WP-4581-2025 (CR) SPEAKING.DOC 3. Learned APP strongly objected to allow the petition on the ground that the petitioner has four antecedents. The appellate authority has passed well reasoned order. No interference is required in it and requested to dismiss the writ petition. 4. I have heard both the learned counsel. 5. The petitioner intends to contest the election. It is his fundamental right. The petitioner has challenged the impugned order passed by the appellate authority. Considering this fact, I pass the following order. O R D E R I. Writ petition is partly allowed. II. The order passed by the appellate authority dated 25th September, 2025 is hereby stayed for 40 days from today. III. Liberty granted to the petitioner to file fresh writ petition challenging the impugned order if he intends. IV. If externment order confirms, the 40 days period shall be added in the externment period. V. Petitioner shall attend the police station as and when required. (SHIVKUMAR DIGE, J.) This order is corrected pursuant to speaking to minutes order dated 17th November, 2025.