36-WP-4228-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4228 OF 2026 Ajay Shrimant Thorat ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents —————— Mr. Gaurav Pande, for the Petitioner. Mr. S. V. Walve, APP, for the Respondent-State. —————— Coram: Madhav J. Jamdar, J. Date: 29 September 2026 P.C.: 1. Heard Mr. Pande, learned Counsel appearing for the Petitioner and Mr. Walve, learned APP, for the Respondent-State of Maharashtra. 2. In this Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the legality and validity of the Order dated 10th June 2025 passed by the Deputy Commissioner of Police, Zone-6, Chembur, Mumbai in Externment Case No.210 of 2025 and the Order dated 10th March 2026 passed by the Divisional Commissioner, Konkan Division in Externment Appeal No.82 of 2025. 3. It is the submission of Mr. Pande, learned Counsel for the Petitioner, that subjective satisfaction recorded for passing a drastic Order of externment, by which the liberty of the Petitioner is curtailed, in view of the factual position concerning the criminal cases which have been lodged against the present Petitioner is totally perverse and Arjun 1 ARJUN VITTHAL KUDHEKAR Digitally signed by ARJUN VITTHAL KUDHEKAR Date: 2026.09.29 21:04:22 +0530 36-WP-4228-2026.doc illegal. He submits that a total of three cases have been taken into consideration, out of which two cases are of the years 2017 and 2021. Therefore, there is no live link between those two cases and the action of externment. He further submits that, insofar as the third offence, which has been taken place on 17th February 2025 is concerned, the same arose out of a dispute while playing badminton, and therefore, on the basis of the said incident also, no subjective satisfaction can be recorded for externing the Petitioner. He further submits that, as far as the show-cause notice is concerned, the notice issued under Section 59 of the Maharashtra Police Act, 1951, mentions that the Petitioner is proposed to be externed from Mumbai City, Mumbai Suburban and Thane districts, whereas the impugned Order has been passed by which the Petitioner has been externed also from Raigad district. He, therefore, submits that the impugned Orders are totally illegal and, therefore, required to be quashed and set aside. 4. On the other hand, Mr. Walve, learned APP, supports the impugned Orders. He submits that, as there are three offences against the Petitioner, the action of externment has been taken and, therefore, the subjective satisfaction has been correctly recorded. 5. Perusal of the record shows that following three cases are mentioned in the impugned Order, on the basis of which the action of externment is taken: Arjun 2 36-WP-4228-2026.doc Sr. No. Police Station C. R. No. Section/s Status 1. Nehru Nagar 134/2017 353, 332 and 504 r/w 34 of IPC Sub-judice 2. Nehru Nagar 90/2021 323, 324 and 504 r/w 34 of IPC Sub-judice 3. Nehru Nagar 65/2025 74, 79, 115(2), 352, 189(2) and 190 of BNS Sub-judice 6. Perusal of the above table shows that the first case is of the year 2017 and the second case if of the year 2021. Therefore, there is no live link between these two cases and the externment action taken in the year 2025. Insofar as the third case is concerned, the gist of the said case as set out in the show-cause notice shows that the incident has taken place regarding some dispute while playing badminton. 7. In these circumstances, the subjective satisfaction recorded in the the impugned Order dated 10th June 2025 passed by the Deputy Commissioner of Police has been recorded without any material to support the same. The impugned Order dated 10th March 2026 is passed without taking into consideration the said aspect. Thus, the impugned Orders are perverse and illegal. 8. Apart from that, it is required to be noted that the show-cause notice mentions that the Petitioner is to be externed from Mumbai City, Mumbai Suburban and Thane districts, whereas the impugned Order has also been passed with respect to the Raigad district. Thus, the impugned Orders deserve to be quashed and set aside. Arjun 3 36-WP-4228-2026.doc 9. Accordingly, the Writ Petition is disposed of by passing the following Order: The Order dated 10th June 2025 passed by the Deputy Commissioner of Police, Zone-6, Chembur, Mumbai in Externment Case No.210 of 2025 and the Order dated 10th March 2026 passed by the Divisional Commissioner, Konkan Division in Externment Appeal No.82 of 2025, are quashed and set aside. [Madhav J. Jamdar, J.] Arjun 4