Dadapir Siraj Kotwal And ORS. v. Ld. Divisional Commissioner, Pune Division And ORS.

25-wp-5479.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI.W.P. NO. 5479 OF 2019 Mr. Dadapir Siraj Kotwal and Ors.

...

Petitioners

Versus

Divisional Commissioner, Pune and Ors.

...

Respondents Adv Anita Wakchaure for the petitioners.

Smt. A.S. Pai, APP for the State.

CORAM : B.P. DHARMADHIKARI & SMT. S.S. JADHAV, JJ.

DATE :

NOVEMBER 05, 2019 P.C.:

Heard learned counsel for the petitioners and learned APP for the State.

2.

Learned APP is seeking time to obtain instructions as the matter is placed today for the first time. Counsel for the petitioners however, submits that the order of externment dated 24/9/2019 has been questioned in statutory appeal under section 60 before the Divisional Commissioner, at Pune. Along with the appeal, there is prayer for stay. Even first hearing has not been granted and prayer for stay has not been looked into. 3.

We find that section 60 of the Maharashtra Police Act nilegaonkar 1/2

25-wp-5479.2019.odt stipulates time limit for adjudication of such appeals. 4.

Hence, without recording any finding either way, we direct the appellate authority to take decision within the statutory period. With these directions, we partly allow this writ petition and dispose it of.

(SMT. S.S. JADHAV, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2