43-APL-514-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.514 OF 2026 Devya @ Devendra Dilip Bhusane ...Applicant Versus The State of Maharashtra & Ors. ...Respondents —————— Ms. Akshata B. Desai a/w Sahir Patel i/b Nitin Sejpal, for the Applicant. Ms. S. M. Yadav, APP, for the Respondent-State. API Deshmukh, Shrivardhan Police Station, District - Raigad, present. —————— Coram: Madhav J. Jamdar, J. Date: August 18, 2026 P.C.: 1. Heard Ms. Desai, learned Counsel appearing for the Applicant and Ms. Yadav, learned APP, for the Respondent-State. 2. At the outset, Ms. Desai, learned Counsel for the Applicant seeks leave to invoke the provisions of Articles 226 and 227 of the Constitution of India. Accordingly, leave as sought is granted. Amendment be carried out forthwith. Reverification is dispensed with. 3. By this Criminal Application, the Applicant is challenging the Order dated 31st October 2025 passed by the Sub-Divisional Officer, Shrivardhan, Division Shrivardhan, in Externment Case No.1 of 2025, as also the Order dated 23rd February 2026 passed by the Divisional Commissioner, Konkan Division, in Appeal No.174 of 2025 filed under Section 60 of the Maharashtra Police Act, 1951. Arjun 1 ARJUN VITTHAL KUDHEKAR Digitally signed by ARJUN VITTHAL KUDHEKAR Date: 2026.08.21 20:52:14 +0530 43-APL-514-2026.doc 4. By the impugned Order dated 31st October 2025, the Applicant has been externed for a period of one year, and the said Order has been confirmed by the Order dated 23rd February 2026 passed by the Divisional Commissioner. 5. Perusal of the record shows that the action of externment has been taken on the basis of the following criminal cases registered against the Applicant: Sr. No. CR/FIR No. Police Station Act/Sections Date of Filing Status 1 CR. No.08/2025 Shrivardhan Sections 118(1), 351(2), 3(5) of BNS 30/01/2025 Court Pending 2 CR. No.108/2023 Shrivardhan Sections 341, 323, 504, 506, 34 of IPC 09/07/2025 Court Pending 3 CR. No.166/2022 Shrivardhan Section 12(A) of Bombay Prevention of Gambling Act 01/12/2022 Convicted on 14/04/2023 - Fine of Rs. 1000 4 CR. No. 11/2021 Shrivardhan Sections 323, 325, 504, 506, 34 of IPC 22/03/2021 Court Pending 5 CR. No.30/2020 Shrivardhan Sections 325, 323, 504, 506, 34 of IPC 21/09/2020 Court Pending 6 CR. No.19/2019 Shrivardhan Sections 353, 392, 332, 323, 504, 506, 427, 34 of IPC and Sections 3(1) (r), 3(1)(s) of Atrocity Act 1989, 21/07/2019 Court Pending 7 CR. No.76/2017 Shrivardhan Sections 143, 147, 148, 149, 324, 323, 504, 506 of IPC 30/09/2017 Court Pending 8 CR. No.58/2016 Shrivardhan Sections 394, 341, 504, 506 of IPC 2016 Released 6. The above chart clearly shows that action of externment is taken on the basis of the criminal cases which have been filed in the years 2016, 2017, 2019, 2020, 2021, 2022, 2023 and 2025. Thus, practically every year one criminal case is lodged against the Applicant. 7. The show-cause notice for taking action of externment is dated 1st July 2025. The last offence, registered on 30th January 2025 with Shrivardhan Police Station, District Raigad, shows that even the threats were given by the Applicant to some of the witnesses so that they Arjun 2 43-APL-514-2026.doc should not give evidence in Court in a case filed against the Applicant under Section 307 of the Indian Penal Code, 1860. The externment is not for the maximum period of two years but only for one year. 8. Thus, in the facts and circumstances, no case is made out for interference in the impugned Orders. 9. Accordingly, the Criminal Application is dismissed. [Madhav J. Jamdar, J.] Arjun 3