(1) 105.cri.wp.733.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.733 OF 2026 Raju s/o Jagan Jaiswal Vs. Divisional Commissioner, Nagpur Division Nagpur and others -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. N D. Dawda, Advocate h/f Mr. A. M. Jaltare, Advocate for petitioner. Mr. V. A. Thakare, APP for respondent/State. CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE, JJ. DATED : 11/09/2026 1. Heard Mr. Dawda, learned counsel for the petitioner. The petitioner was externed on 15 of July 2026 by the respondent No.3 Sub-Divisional Magistrate, Katol, District Nagpur under Section 56(1) of the Maharashtra Police Act, 1951. The aforesaid order of externment is on record at Page No.17 (Annexture 1). 2. Mr. Dawda, learned counsel for the petitioner submits that though the aforesaid externment order was passed on 15.07.2026, it was served upon the petitioner on 14.08.2026 and the aforesaid order was executed on 17.08.2026. The petitioner being aggrieved by the aforesaid externment order, filed the statutory appeal under Section 60 of the aforesaid Act before the appellate Authority i.e. respondent No.1 Divisional Commissioner, Nagpur, on 28.08.2026. The copy of the aforesaid said appeal memo is on record at Page No.23 (Annexture 3). 3. Mr. Dawda, learned counsel for the petitioner has invited our attention to the externment order which is for a period of two months from 17.08.2026. The aforesaid two 2026:BHC-NAG:12151-DB (2) 105.cri.wp.733.2026.odt months will expire on 17.10.2026. Mr. Dawda, learned counsel submits that though the appeal was filed on 28.08.2026, the aforesaid appeal has neither been registered nor heard by the appellate Authority and it is informed by the office of respondent No.1 that the respondent No.1 shall not be available for taking up such appeals till 30.09.2026. In view of the above, the petitioner has approached this Court. 4. For the reasons stated above and considering the innocuous prayer made by the petitioner, we dispose of the present petition with a direction to the respondent No.1 Divisional Commissioner, Nagpur to hear and decide the aforesaid appeal on its on merits and in accordance with law within a period of two weeks from today. 5. The writ petition is, accordingly, disposed of. (RAJ D. WAKODE, J) (URMILA JOSHI-PHALKE, J) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 15/09/2026 14:50:27