Ashpak @ Lala Kasam Kureshi And ORS v. State Of Maharashtra And ANR

7-WP-2926-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2926 OF 2023 Ashpak @ Lala Kasam Kuresh & Ors

...Petitioners

Versus

The State of Maharashtra & Anr

...Respondents

------------ Mr. Ranjeet M. Pawar, Advocate for Petitioners. Mr. A.R. Patil, APP for State/Respondent.

------------ CORAM : SARANG V. KOTWAL, J.

DATE : 6th SEPTEMBER 2023 PC :

1.

This Petition is filed for directions to the Divisional Commissioner, Pune for expeditiously deciding the Externment Appeal No.66 of 2023 filed under Section 60 of the Maharashtra Police Act, 1951 (for short "said Act"). The Petitioners were externed from the limits of Pune District and two Talukas of Ahmednagar District for a period of one year. This order was passed on 6th May 2023. The Petitioners preferred an Appeal under Section 60 of the said Act on 19th May 2023. Since then, the Appeal is still pending. It is not decided. Even stay is not granted. Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2023.09.07 16:15:47 +0530 Therefore, out of the period of twelve months, almost four months ASHWINI JANARDAN VALLAKATI Ashwini V

7-WP-2926-2023 are already over. Therefore, the Appeal would be practically ineffective.

2.

Considering this situation, it is necessary that the Appellate Authority shows seriousness and urgency in dealing with such Appeals, which affect the rights of the parties. This is a preventive measure and, therefore, the Appellate Authority is expected to show more seriousness and urgency. 3.

Hence, the following order:

O R D E R

i)The Respondent No.2 is directed to decide the Externment Appeal No.66 of 2023 within a period of three weeks from today.

ii)With these directions, the Petition is disposed of. (SARANG V. KOTWAL, J.)