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2026 DAILYLAW 2300 (BOM)

AKSHAY CHINTAMAN JADHAV v. STATE OF MAHARASHTRA AND ORS

WP/1419/2026 · 2026-08-19

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Judgment text

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916-WP-1419-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1419 OF 2026 Akshay Chintaman Jadhav …Petitioner Versus The State of Maharashtra & Ors. …Respondents Mr. Shashikant Chaudhari, Mr. Gyan Prakash Pal, Ms. Snehal S. Chaudhari, Mr. Manoj Kumar Singh, Mr. Pranot Pawar, Ms. Ananya Thakoor, Mr. Pranav Thakare i/b. Maharashtra Law Associates, for the Petitioner. Mr. S. V. Walve, APP, for the Respondent-State. Mr. Kishor Shivram Tamboli, PSI, attached to Mandvi Police Station, Vasai Virar Police Commissionerate, present. CORAM: MADHAV J. JAMDAR, J. DATED : 19th AUGUST 2026 PC:- 1. Heard learned Counsel appearing for the Petitioner and learned APP appearing for the Respondent-State. 2. By this Writ Petition, the challenge is to the legality and validity of the order dated 17th January 2025 passed by the Deputy Commissioner of Police, Zone-3, Mira Bhayandar, Vasai-Virar Police Commissionerate in Externment Case No.3 of 2025 as also the order dated 16th February 2026 passed by the Additional Page 1 Sonali 916-WP-1419-2026.DOC Commissioner of Police, Konkan Division, in Appeal No.27 of 2025. By the impugned order dated 17th January 2025, the Petitioner has been externed from Districts – Palghar, Thane, Greater Mumbai and Mumbai Suburb for a period of two years. The said order is confirmed by the Appellate Authority by the impugned order dated 16th February 2026. Perusal of both these orders shows that the action of externment is taken on the basis of the following eight crimes registered against the Petitioner: Sr. No. FIR No. FIR Date Trial Court Details Chargesheet Status 1. 35/2023 03/02/2023 RCC No.1003/2023 First Date 23/05/2023 Next Date 02/11/2026 Chargesheet is filed-Awaiting Summons 2. 75/2023 18/03/2023 RCC No.2241/2023 First Date 03/10/2023 Next Date 11/01/2027 Chargesheet is filed-Awaiting Summons 3. 189/2023 29/07/2023 RCC No.2114/2024 First Date 27/11/2024 Last Date 16/04/2026 Next Date 12/10/2026 - 4. 124/2023 05/05/2023 RCC No.1756/2024 First Date 22/08/2024 Last Date Chargesheet is filed-Awaiting Summons Page 2 Sonali 916-WP-1419-2026.DOC 15/06/2026 Next Date 07/12/2026 5. 156/2016 - RCC No.373/2018 - 6. 363/2014 - RCC No.1134/2016 First Date 30/09/2016 Last Date 23/06/2026 Next Date 07/01/2027 - 7. 467/2014 - RCC No.2898/2016 First Date 22/09/2016 Last Date 22/02/2026 Next Date 10/09/2026 - 8. 204/2012 - - 3. Perusal of the above chart shows that the FIRs were registered in the year 2012, 2014, 2016 and 2023. Last FIR is registered on 29th July 2023. Thereafter, three Show Cause Notices were issued. The first Show Cause Notice is dated 6th August 2024, the second Show Cause Notice is dated 22nd August 2024 and the third Show Cause Notice is dated 31st December 2024. Even if the first Show Cause Notice is taken into consideration, which is dated 6th August 2024, then also there is a delay of more than one year in initiating externment action. Therefore, there cannot be any live- Page 3 Sonali 916-WP-1419-2026.DOC link between the externment action and the FIR registered. Accordingly, the impugned order dated 17th January 2025 passed by the Deputy Commissioner of Police, Zone-3, Mira Bhayandar, Vasai-Virar Police Commissionerate in Externment Case No.3 of 2025 and the order dated 16th February 2026 passed by the Additional Commissioner of Police, Konkan Division, in Appeal No.27 of 2025 are quashed and set aside. 4. Accordingly, the Writ Petition is disposed of. [MADHAV J. JAMDAR, J.] Page 4 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.08.24 10:59:58 +0530