27 WP-4543-2026.DOC skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4543 OF 2026 Mohammad Imran Mohammad Yahya Siddique …Petitioner Vs. State of Maharashtra …Respondent Mr. Milan Desai i/b Ashwini Desai, for the Petitioner. Mr. S.S. Ghag, APP for the Respondent-State. CORAM: MADHAV J. JAMDAR, J. DATE : 22nd SEPTEMBER, 2026 P. C.: 1. Heard Mr. Desai, learned counsel appearing for the Petitioner and Mr. Ghag, learned APP for the State. 2. By this Writ Petition, challenge is to the legality and validity of order dated 1st December 2025 passed by the Deputy Commissioner of Police, Zone XI, Mumbai in Externment Case No. 467 of 2025 as also challenge is to the order dated 21st May 2026 passed by Divisional Commissioner, Konkan Division in Appeal No. 42 of 2026. 3. It is the submission of Mr. Desai, learned counsel appearing for the Petitioner that total three cases of the years 2015, 2023 and 2025 are taken into consideration by the Externing Authority. He 22nd September, 2026 27 WP-4543-2026.DOC skt submits that as far as those three cases are concerned, two are of the years 2015 and 2023, therefore, there is no live link between those two cases and the externment action. He further submits that as far as the third case which is of the year 2025 is concerned, the same was under investigation when the notice was issued and externment order was passed and therefore cannot be taken into consideration. 4. On the other hand, Mr. Ghag, learned APP supports the impugned order. He submits that the as the Petitioner is habitual criminal, action is rightly taken. 5. Perusal of the record shows that Externing Authority has taken into consideration three cases as per the following details :- Sr. No. Police Station Crime No. and Sections Status 1. Malvani Police Station C.R. No. 292/2019, under Sections 452, 448, 427, 144, 143, 147 and 149 of the Indian Penal Code. Pending before the Court – 801/PW/16 2. Malvani Police Station C.R. No. 654/2023, under Sections 324, 323, 504 and 506 of the Indian Penal Code. Pending before the Court – 4916/PW/25 3. Malvani Police Station C.R. No. 581/2026, under Sections 74, 118(1), 324(8), 324(5), 115(2), 352, 351(3), 181(1), 189(2) and 190 of the Bharatiya Nyaya Sanhita, 2023. Under Investigation 22nd September, 2026 27 WP-4543-2026.DOC skt 6. Perusal of the above details show that the two cases are of the year 2015 and 2023, therefore there is no live link between those two cases and the action of externment. As far as the third case is concerned, the same is of the year 2025 and when the notice for taking action of externment is issued and the externment order was passed, the said offence was under investigation. It is settled legal position that if the offence is under investigation, externment order cannot be passed on the basis of the same. 7. Accordingly, the Writ Petition is allowed. The order dated 1st December 2025 passed by the Deputy Commissioner of Police, Zone XI, Mumbai in Externment Case No. 467 of 2025 and the order dated 21st May 2026 passed by Divisional Commissioner, Konkan Division in Appeal No. 42 of 2026 are quashed and set aside. 8. The Writ Petition is disposed of in above terms. [MADHAV J. JAMDAR, J.] 22nd September, 2026