914-WP-746-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. WRIT PETITION NO. 746 OF 2026 Nandkumar Vasant Khade … Petitioner Versus The State Of Maharashtra & Ors … Respondents —————— Mr. Dheeraj Patil for the Petitioner. Dr. A.A. Takalkar, A.P.P. for the Respondent-State. —————— Coram : ASHWIN D. BHOBE, J. Date : 17th September 2026. PER COURT : 1. Heard Mr. Dheeraj Patil, learned Advocate for the Petitioner and Dr. Takalkar, learned A.P.P. for the Respondents-State. 2. By the present Petition, the Petitioner 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 4 914-WP-746-2026 (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. c. 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 42), 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. Dr. A.A. Takalkar, 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). She submits that if the Petitioner is aggrieved by the impugned Order, he is entitled to take recourse to Section 163(5) of the BNSS, 2023. She further submits that, if the Petitioner file such an application, Respondent osk 2 of 4 914-WP-746-2026 (CR).docx No. 2 shall dispose of it expeditiously after hearing the parties. 5. Faced with the said objection raised by Dr. A.A. Takalkar, learned A.P.P. for the Respondents-State, Mr. Dheeraj Patil, learned Advocate for the Petitioner, on instructions from the Petitioner, 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 Petitioner 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. Dr. A.A. Takalkar, 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 Petitioner and the Advocate for the Petitioner, an endeavour will be made to dispose of the same by this evening. The statement made by Dr. A.A. Takalkar, 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 4 914-WP-746-2026 (CR).docx ORDER (a) The Petitioner is 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 Petitioner an opportunity of hearing, dispose of the application expeditiously on its own merits and in accordance with law. As stated by Dr. A.A. Takalkar, learned A.P.P., on instructions from the Respondent No. 2, the application will be disposed of today itself. (c) The Petitioner / Advocate for the Petitioner shall cooperate in the early disposal of the said application. 8. The Writ Petition No.746 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 14:40:54 +0530