KARTIK S/O WELSWAMI YESNE v. THE STATE OF MAHARASHTRA, , AND OTHERS.
WP/793/2026 · 2026-10-06
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15793 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15793 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 12 wp793.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.793/2026 Kartik s/o Welswami Yesne vs. The State of Mah., thr.its Principal Secretary, Home Department (Special), Mantralaya, Mumbai and ors. Office Notes, Office Memoranda of Court' s or Judge' s Order Coram, appearances, Court' s Orders or directions and Registrar' s order Mrs.S.K.Phaltankar, Counsel for the Petitioner. Mrs.S.S.Jachak, Addl.G.P. for Respondents.
CORAM :
URMILA JOSHI-PHALKE & RAJ D.WAKODE, JJ. DATED : 06th October , 2026.
1. Heard learned counsel Mrs.Vaishali Phaltankar for the petitioner.
2. The petitioner has approached this court seeking challenge to detention order passed by learned District Magistrate, Nagpur on 18.9.2026 under Section 3(1) of the MPD Act.
3. Upon enquiry with learned counsel for the petitioner, she sought instructions and tendered across the Bar communication dated 29.9.2026 issued by the Government of Maharashtra, which reveals that the Government of Maharashtra has approved the aforesaid detention order under Section 3(3) of the aforesaid Act.
4. Now, remedy lies with the petitioner is to submit a representation against the aforesaid detention order by the detaining authority and approval granted by the Government of Maharashtra to the Advisory Board. The Advisory Board shall consider grounds of detention so also representation submitted by the petitioner and accordingly will decide whether to confirm the detention or not. Once the order is passed by the Advisory Board, the petitioner shall be at
2 12 wp793.26.odt liberty to challenge the order, if adverse to the petitioner before this court.
5. In view of the above, learned counsel for the petitioner seeks leave of this court to withdraw the present writ petition with liberty to submit representation before the Advisory Board.
6. Needless to mention that we have not observed anything on merits of the mater and the detenu shall be at liberty to approach this court seeking challenge to the impugned detention order so also approval of the Government of Maharashtra and the confirmation by the Advisory Board if granted in writ petition before this court.
7. In view of the above, permission is granted.
8. The writ petition is disposed as withdrawn with liberty as prayed for.
[RAJ D.WAKODE, J.] [URMILA JOSHI-PHALKE, J.]
!! BrWankhede !! Signed by: Mr. B. R. Wankhede Designation: PS To Honourable Judge Date: 08/10/2026 10:45:21