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2026 DAILYLAW 16362 (BOM)

MAINUDDIN M. RAFIQUE HATTURE v. THE ASSISTANT POLICE COMMISSIONER

WP/788/2026 · 2026-10-07

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Judgment text

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1/3 918-WP-788-2026(CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.788 OF 2026 Mainuddin M. Rafique Hatture ….Petitioner Versus. The Assistant Police Commissioner and Ors. ....Respondents ----- Mr. Ujwal Agandsurve (Through VC), for Petitioner. Dr. Ashvini A. Takalkar, A.P.P. for the Respondents - State. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 7th OCTOBER, 2026. P.C. 1. Heard, Mr. Ujwal Agandsurve, learned Advocate for the Petitioner. 2. Issue notice to the Respondents. 3. Dr. Ashvini A. Takalkar, learned A.P.P., appears and waives service of notice on behalf of the Respondents – State. 4. Mr. Ujwal Agandsurve, learned Advocate for the Petitioner, states that Externment Appeal No.242 of 2025, filed by the Petitioner, is pending before Respondent No.3 – Divisional Commissioner, Pune Division, Pune. Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.10.08 10:19:50 +0530 2/3 918-WP-788-2026(CR).DOC He submits that the Petitioner's grievance is that the said Appeal has not been disposed of for quite some time. 5. Dr. Ashvini A. Takalkar, learned A.P.P. for the Respondents – State, on instructions from Respondent No.3 – Divisional Commissioner, Pune Division, Pune, states that although the date fixed in Externment Appeal No.242 of 2025 was 4th November, 2026, it has now been pre- poned to 8th October, 2026 at 11:00 a.m.. 6. Dr. Ashvini A. Takalkar, learned A.P.P. submits that the Petitioner should appear before Respondent No.3 on 8th October, 2026 at 11.00 a.m. and be ready to argue the Appeal and tender a brief written synopsis of arguments if the Petitioner desires to. 7. Mr. Ujwal Agandsurve, learned Advocate for the Petitioner, states that the Petitioner and his Advocate shall appear before Respondent No.3 – Divisional Commissioner, Pune Division, Pune, on 8th October, 2026, at 11:00 a.m., be ready to advance oral arguments and shall place a short synopsis of the arguments on record on 8th October, 2026 itself. 8. Mr. Ujwal Agandsurve, learned Advocate for the Petitioner, states that no further notice of appearance in Externment Appeal No.242 of 2025 is required and that the statement made by Dr. Ashvini A. Takalkar, learned A.P.P. for the Respondents – State, itself constitutes notice of Externment Appeal No.242 of 2025, preponed and fixed on 8th October, 2026 at 11:00 Shantanu S. Dhudum 3/3 918-WP-788-2026(CR).DOC a.m. before Respondent No.3 – Divisional Commissioner, Pune Division, Pune. He further states that the Petitioner will not seek any adjournment on 8th October, 2026. 9. In view of the above, Mr. Ujwal Agandsurve, learned Advocate for the Petitioner, states that this Petition be disposed of with a direction to Respondent No. 3 – Divisional Commissioner, Pune Division, Pune, to dispose of the Appeal within a stipulated period after the conclusion of the arguments on 8th October, 2026. 10. Dr. Ashvini A. Takalkar, learned A.P.P. for the Respondents – State, on instructions from Respondent No.3 – Divisional Commissioner, Pune Division, Pune, states that upon conclusion of the arguments in Externment Appeal No.242 of 2025 on 8th October, 2026, Respondent No.3 – Divisional Commissioner, Pune Division, Pune, shall dispose of Externment Appeal No.242 of 2025 within eight (8) days thereafter and the order shall be communicated to the Petitioner. Statement accepted. 11. Respondent No. 3 – Divisional Commissioner, Pune Division, Pune, to act on the statements made before this Court by Dr. Ashvini A. Takalkar, learned A.P.P. 12. In view of the above, Criminal Writ Petition No.788 of 2026 is disposed. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum