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2026 DAILYLAW 8312 (BOM)

SATISH PRASARAM WADAR v. ASSISTANT POLICE INSPECTOR AND ORS

WP/708/2026 · 2026-09-11

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Judgment text

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1/3 7-WP-708-2026(CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. WRIT PETITION NO. 708 OF 2026 Satish Prasaram Wadar …...Petitioner VERSUS. Assistant Police Inspector And Ors. …...Respondents ----- Ms. Shamma Mulla a/w Adv. Preetam Raje, for Petitioner. Dr. Ashvini A. Takalkar, A.P.P. for Respondent Nos.1 to 6 – State. PSI, Mr. Sanjay B. Naik, Kurundwad Police Station, present. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 11th SEPTEMBER, 2026. Oral Order: 1. At the outset, Mr. Shamma Mulla, learned Advocate for the Petitioner, submits that, by inadvertence on her part, the Divisional Commissioner, Pune (Appellate Authority), was not added as a Respondent in this Petition. She therefore seeks leave to add the Divisional Commissioner, Pune (Appellate Authority), as Respondent No. 6 to this Petition. This request is not opposed by Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos.1 to 5 – State. 2. In view of the no objection, leave is granted to add the Divisional Commissioner, Pune (Appellate Authority), as Respondent No. 6. Ms. Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.15 11:12:50 +0530 2/3 7-WP-708-2026(CR).DOC Shamma Mulla, learned Advocate for the Petitioner, seeks permission to carry out the amendment forthwith. Permission is granted. The amendment shall be carried out forthwith to join the Divisional Commissioner, Pune (Appellate Authority), as Respondent No. 6. 3. Heard Ms. Shamma Mulla, learned Advocate for the Petitioner and Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos. 1 to 6. 4. Ms. Shamma Mulla, learned Advocate for the Petitioner, submits that the Petitioner’s limited grievance in this Petition is that the Externment Appeal filed by the Petitioner against the Externment Order dated 10th August, 2026, before Respondent No.6 – Divisional Commissioner, Pune, was not registered and consequently, not heard. However, on instructions, she now states that the said Appeal has been registered as Externment Appeal No.173 of 2026. She therefore requests that a direction be issued to Respondent No.6 – Divisional Commissioner, Pune, to dispose of the said Appeal expeditiously. 5. Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos. 1 to 6, submits that Respondent No. 6 – Divisional Commissioner, Pune, will dispose of Externment Appeal No. 173 of 2026 within eight (8) weeks from the first date fixed in the matter. She, on instructions from Respondent No. 6 – Divisional Commissioner, Pune, states that the first date of hearing shall be 1st October, 2026 at 11.00 a.m.. Shantanu S. Dhudum 3/3 7-WP-708-2026(CR).DOC 6. Ms. Shamma Mulla, learned Advocate for the Petitioner, states that the Petitioner shall appear before the Respondent No.6 – Divisional Commissioner, Pune on 1st October, 2026 at 11.00 a.m. and submits that no further notice is required. She submits that by recording the statement made on behalf of Respondent No.6, this Petition can be disposed of. 7. In view of the above, this Petition is disposed of by the following order: ORDER A) The Petitioner shall appear before Respondent No. 6 – Divisional Commissioner, Pune (Appellate Authority), on 1st October, 2026, at 11:00 a.m. and thereafter as and when Externment Appeal No. 173 of 2026 is fixed. B) The Respondent No.6 – Divisional Commissioner, Pune, shall dispose of Externment Appeal No.173 of 2026, after affording a hearing to the concerned parties, on its own merits and in accordance with law, within eight (8) weeks from 1st October, 2026. 10. Ms. Shamma Mulla, learned Advocate for the Petitioner, on instructions, states that the Petitioner shall co-operate with Respondent No. 6 – Divisional Commissioner, Pune, for expeditious disposal and shall not seek any adjournment on the date fixed. 11. Criminal Writ Petition No.708 of 2026 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum