913-WP-745-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. WRIT PETITION NO. 745 OF 2026 Digvijay Nandkumar Khade & Anr. … Petitioners Versus. The State Of Maharashtra & Ors. … Respondents ----- Mr. Dheeraj Patil for the Petitioners. Mr. Nitin B. Patil, A.P.P. for the Respondents-State. Officer : API Mr. Sunil Gaikwad, Shiroli MIDC Police Station, present. ------- Coram : ASHWIN D. BHOBE, J. Date : 17th September 2026. PER COURT : 1. Heard Mr. Dheeraj Patil, learned Advocate for the Petitioners and Mr. Nitin Patil, learned A.P.P. for the Respondents-State. 2. By this Petition, the Petitioners have sought the following substantive reliefs : “a. That this Hon'ble Court may be pleased to issue a Writ of Certiorari or a writ in the nature of Certiorari, or any other appropriate writ, order or direction, calling for the records and proceedings pertaining to the impugned Order dated osk 1 of 4 913-WP-745-2026 (CR).docx 10.09.2026 passed by Respondent No. 2 and after examining the legality and validity thereof, quash and set aside the impugned order dated 10.09.2026 being EXHIBIT A to this Writ Petition. b. That this Hon'ble Court may be pleased to issue a Writ of Mandamus or a writ in the nature of Mandamus, or any other appropriate writ, order or direction, restraining Respondents No. 2 to 4 and their subordinates from taking any coercive action against the Petitioners in furtherance/implementation of the impugned order dated 10.09.2026.” 3. Mr. Dheeraj Patil, learned Advocate for the Petitioners, submits that the impugned Order dated 10th September 2026 (Exhibit-C, page 41), passed by Respondent No. 2 under Section 163(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is illegal and liable to be quashed and set aside. 4. Mr. Nitin Patil, learned A.P.P. for the Respondents-State, submits that the impugned Order dated 10th September 2026 (Exhibit-C) was passed in view of the exigency recorded in the impugned Order, by exercising powers under Section 163(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). He submits that if the Petitioners are aggrieved by the impugned Order, they are entitled to take recourse to Section 163(5) of the BNSS, 2023. He further submits that, if the Petitioners file such an application, Respondent No. 2 shall dispose of it expeditiously after hearing the parties. osk 2 of 4 913-WP-745-2026 (CR).docx 5. Faced with the objection raised by Mr. Nitin Patil, learned A.P.P. for the Respondents-State, Mr. Dheeraj Patil, learned Advocate for the Petitioners, on instructions from the Petitioners, seeks leave to withdraw this Petition, with liberty to file an application under Section 163(5) of the BNSS, 2023, before Respondent No. 2. He submits that there is urgency in the matter, as the period of externment commenced on 12th September 2026 and would end on 26th September 2026. He states that the Petitioners will file the application before Respondent No. 2 by 3:00 p.m. today. He further requests that Respondent No. 2 be directed to consider and dispose of the same expeditiously, particularly as 18th, 19th and 20th September 2026 are holidays. 6. Mr. Nitin Patil, learned A.P.P. for the Respondents-State, on instructions from Respondent No. 2, states that if an application under Section 163(5) of the BNSS, 2023 is filed by the Petitioners by 3:00 p.m. today and subject to cooperation from the Petitioners and the Advocate for the Petitioners, an endeavour will be made to dispose of the same by this evening. The statement made by Mr. Nitin Patil, learned A.P.P. for the Respondents-State, is fair and is accepted. 7. In view of the above, the following order is passed : osk 3 of 4 913-WP-745-2026 (CR).docx ORDER (a) The Petitioners are granted leave to withdraw this Petition, with liberty to file an application under Section 163(5) of the BNSS, 2023, before Respondent No. 2, latest by 3:00 p.m. today. (b) If such an application is filed within the time stipulated hereinabove, the Respondent No. 2 shall, after affording the Petitioners an opportunity of hearing, dispose of the application expeditiously on its own merits and in accordance with law. As stated by Mr. Nitin Patil, learned A.P.P., on instructions from the Respondent No. 2, the application will be disposed of today itself. (c) The Petitioners / Advocate for the Petitioners shall cooperate in the early disposal of the said application. 8. The Writ Petition No.745 of 2026 is disposed of as withdrawn. [ ASHWIN D. BHOBE, J. ] osk 4 of 4 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.09.17 14:38:43 +0530