46-WP-2125-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2125 OF 2026 Mohd Anjum Ashraf Shaikh ...Petitioner Versus The State of Maharashtra ...Respondent —————— Mr. Arif Siddiqui a/w Farheen Sheikh a/w Siraj Ansari, Noman Khan, Makhdoom Shaikh, Essa Shaikh & Tahir Qureshi, for the Petitioner. Mr. S. S. Ghag, APP, for the Respondent-State. —————— Coram: Madhav J. Jamdar, J. Date: August 18, 2026 P.C.: 1. Heard Mr. Siddiqui, learned Counsel appearing for the Petitioner and Mr. Ghag, learned APP, for the Respondent-State. 2. By this Writ Petition filed under Article 226 of the Constitution of India, the Petitioner is challenging the legality and validity of the Order dated 19th September 2025 passed by the Deputy Commissioner of Police, Zone-6, Chembur, Mumbai, in Externment Case No.379 of 2025 as well as the Order dated 27th March 2026 passed by the Divisional Commissioner, Konkan Division, in Externment Appeal No.170 of 2025. 3. Perusal of the record shows that the Externing Authorities have taken into consideration the following offences registered against the Petitioner: Arjun 1 ARJUN VITTHAL KUDHEKAR Digitally signed by ARJUN VITTHAL KUDHEKAR Date: 2026.08.19 13:02:37 +0530 46-WP-2125-2026.doc Sr. No. Police Station FIR/Sections Date of Register Court Cases Status 1 Nehru Nagar C.R. No.37/98 Sections 323, 324 & 114 of IPC 10/03/1998 527/PW/1998 dated 14/09/1998 Settled in Lok Adalat 2 Nehru Nagar C.R. No. 152/98 Sections 457 & 380 of IPC 27/07/1998 327/PW/1999 dated 03/05/1999 Acquittal 3 Nehru Nagar C.R. No. 154/198 Section 387 & 34 of IPC 29/07/1998 122/PW/1999 dated 28/04/1999 Acquittal 4 Chunabhatti C.R. No. 111/2012 Section- 506(2) & 34 of IPC 02/07/2012 1434/PW/ 2012 dated 12/10/2012 Acquittal 5 Chunabhatti C.R. No. 234/2024 Sections 385, 341, 324, 323, 504, 506(2) & 34 of IPC 12/06/2024 2454/PW/ 2024 dated 09/12/2024 Acquittal 6 Chunabhatti C.R. No. 254/2025 Sections 285, 351(2), 318(4) and 3(5) of BNS 16/05/2025 Under investigation 4. A perusal of the above chart clearly shows that as the offence bearing CR No.254 of 2025 was under investigation, the same could not have been taken into consideration by the Externing Authorities, as it is the settled legal position that the offence which is under investigation cannot be taken into consideration while passing the externment order. 5. Insofar as the offence of the year 2024 bearing CR No.234 of 2024 is concerned, the Applicant has been acquitted. In any case, the said offence is of the year 2024 and there is no live-link for taking action of externment in the year 2025. Other three offences are of the year 1998 and one offence is of the year 2012. Obviously, the said offence cannot be taken into consideration while passing the externment order. Arjun 2 46-WP-2125-2026.doc 6. Accordingly, the Order dated 19th September 2025 passed by the Deputy Commissioner of Police, Zone-6, Chembur, Mumbai, in Externment Case No.379 of 2025, and the Order dated 27th March 2026 passed by the Divisional Commissioner, Konkan Division, in Externment Appeal No.170 of 2025, are quashed and set aside. 7. The Writ Petition is disposed of in above terms. [Madhav J. Jamdar, J.] Arjun 3