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2026 DAILYLAW 8755 (BOM)

PARVEZ HUSAIN PATEL AND ORS v. THE STATE OF MAHARASHTRA AND ORS

WP/3942/2026 · 2026-09-16

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Judgment text

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89-WP-3942-2026 (CR).doc N.S.Kamble IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CR. WRIT PETITION NO. 3942 OF 2026 Parvez Husain Patel And Ors ...Petitioners Versus The State of Maharashtra And Ors ...Respondents ____________________________________________________________ Mr.Dinesh Jadhwani, for the Petitioners. Ms.R.D. Humane, APP for Respondent-State. Mr.Naresh Rajaram Ghag, PSI, Samata Nagar Police Station. ____________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 16th SEPTEMBER, 2026 P.C. : . By this Petition, the Petitioner is praying to decide the Interim Stay Application dated 7th July 2026 filed in Externment Appeal No.78 of 2026 pending before Respondent No.2. 2. It is contention of learned counsel for the Petitioners that the Petitioner is externed from the districts Mumbai city, Mumbai suburban and Thane for the period of one year. The learned counsel further submitted that the Petitioner has challenged the externment order by way of Appeal, which is pending before Respondent No.2. In the said Appeal the Petitioner has filed Interim Stay Application to the impugned order as per provisions of law. The said Interim Application shall be decided within 7 NILAM SANTOSH KAMBLE Digitally signed by NILAM SANTOSH KAMBLE Date: 2026.09.17 10:54:24 +0530 89-WP-3942-2026 (CR).doc N.S.Kamble days of filing of the said Application but for two months no order is passed on the said Application hence, requested to direction be given to Respondent No.2 to decide the Interim Stay application as early as possible and requested to allow the Petition. 3. It is contention of learned APP that appropriate order be passed. 4. I have heard both learned counsel. 5. As the Petitioners Application for Interim Stay to the externment order is pending before Respondent No.2 as per provisions of the Maharashtra Police Act, the said Interim Application shall be decided within seven days after filing of it, but it is pending for two months. 6. Considering these facts, I pass following order. ORDER (i) The Petition is allowed. (ii) The Respondent No.2 Divisional Commissioner, Konkan Division, Mumbai shall decide pending Interim stay Application dated 7th July 2026 as early as possible. (iii) Liberty is granted to file appropriate proceedings before this court. (iv) All pending Applications are disposed of. (SHIVKUMAR DIGE, J.)