25-WP-659-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. WRIT PETITION NO. 659 OF 2026 Mr. Vaibhav Mayekar Age : 34 years, Occ. Labour Work, R/o. House No. 227/A. Dhuriwada, Near Zantye Kaju Factory, Malvan, Sindhudurg, Maharashtra – 416 606 ] ] ] ] ] … Petitioner Versus. 1. The State of Maharashtra (Through Sub-Divisional Officer, Kudal) ] ] ] ] 2. The Divisional Commissioner, Konkan Division, Fort, Mumbai. ] ] … Respondents ----- Mr. Gaurav Omble (Through V.C.) i/b. Mr. Prasad S Panchal for the Petitioner. Mr. C.D. Mali, A.P.P. for the Respondents-State. Officer : Mr. Abhijit Bhosale, PSI, Malvan Police Station, present. ------- Coram : ASHWIN D. BHOBE, J. Date : 7th September 2026. Order :- 1. Heard, Mr. Gaurav Omble, learned Advocate for the Petitioner and Mr. C.D Mali, learned A.PP. for the Respondents-State. osk 1 of 4 25-WP-659-2026 (CR).docx 2. At the outset, Mr. Gaurav Omble, learned Advocate for the Petitioner, submits that the Appellate Authority (The Divisional Commissioner, Konkan Division) was not added as a Respondent to this Petition due to an error on his part. He seeks leave to add the Appellate Authority as Respondent No.2. This request is not opposed by Mr. C.D Mali, learned A.PP. for the Respondents-State. 3. In view of the no objection, leave is granted to add the Appellate Authority (The Divisional Commissioner, Konkan Division) as Respondent No. 2 in this Petition. Mr Gaurav Omble, learned Advocate for the Petitioner, seeks permission to carry out the amendment forthwith. Permission is granted. The amendment shall be carried out forthwith. 4. By the present Petition, the Petitioner has sought the following reliefs. “a. This Hon'ble Court be pleased to quash and set aside the impugned order dated 17.04.2026 passed by the Sub- Divisional Magistrate, Kudal in externment case/proceeding no. SR/05/2024. b. That pending the hearing this Hon'ble Court may be pleased to stay impugned order dated 17.04.2026 passed by the Sub- Divisional Magistrate, Kudal, externment case no. SR/05/2024.” osk 2 of 4 25-WP-659-2026 (CR).docx 5. Mr. Gaurav Omble, learned Advocate for the Petitioner, states that although the Petitioner has filed an Appeal on 12th May 2026 under Section 60 of the Maharashtra Police Act, 1951, before Respondent No. 2 against the order dated 17.04.2026 passed by the Sub-Divisional Magistrate, Kudal, the Appeal has not even been registered. As a result, the hearing in the said Appeal has not taken place. 6. Mr. C.D Mali, learned A.PP. for the Respondents, states that the Appeal filed by the Petitioner is registered as Externment Appeal No. 84 of 2026. Mr. C.D Mali, on specific instructions from Respondent No. 2, states that the said Appeal would be decided and disposed of within six (6) weeks, subject to the Petitioner cooperating in its disposal. 7. In view of the statement made by Mr. C.D. Mali, learned A.P.P. for the Respondents-State, that Externment Appeal No. 84 of 2026 would be disposed of within six (6) weeks, Mr. Gaurav Omble, learned Advocate for the Petitioner, on instructions from the Petitioner, submits that the Petitioner's grievance has been addressed and that this Petition be disposed of with a direction to Respondent No. 2. He further submits that the Petitioner would cooperate with Respondent No. 2 for the early disposal of Externment Appeal No. 84 of 2026. osk 3 of 4 25-WP-659-2026 (CR).docx 8. In view of the above and by consent of the parties, this Petition is disposed of on the following terms : O R D E R (a) The Petitioner and the Respondent No.1 shall appear before the Respondent No.2 on 11th September 2026 at 11:00 a.m. (b) The Respondent No.2 shall dispose of the Externment Appeal No. 84 of 2026 filed by the Petitioner, after hearing the parties concerned on its own merits and in accordance with law, within a period of six (6) weeks from 11th September 2026. (c) Petitioner shall cooperate with the Respondent No.2 in the early disposal of the Externment Appeal No. 84 of 2026. 9. The Petition is disposed of in the above terms. 10. No order as to costs. [ ASHWIN D. BHOBE, J. ] osk 4 of 4 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.09.07 20:32:53 +0530