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Bombay High CourtWP/2946/2025disposed off

Dilshad Samshad Khan S/O. Samshad Khan v. The State Of Maharashtra And ANR

2025-06-23Hon'Ble Shri Justice Madhav J. Jamdar1 pages

23-WP-2946-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2946 OF 2025 Dilshad Samshad Khan S/o. Samshad Khan

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

_______________________________________________________________ Ms. Heena Mushtaq Ahmed, for the Petitioner.

Mr. B. B. Kulkarni, APP for the Respondent-State. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 23rd JUNE 2025 P.C.:

1.

At the outset, Mr. Kulkarni, learned APP submits that the impugned order dated 28th March, 2025 passed by the Respondent No.2-Deputy Commissioner of Police, Zone-6, Chembur, Mumbai, by which Petitioner has been externed, the same can be challenged by filing a statutory Appeal under Section 59 of the Maharashtra Police Act, 1951.

2.

In view of the said preliminary objection raised by Mr. Kulkarni, learned APP, Ms. Heena Ahmed, learned Counsel appearing for the Petitioner, seeks withdrawal of the Writ Petition with liberty to adopt alternate remedy of filing said statutory Appeal. 3.

Accordingly, the Writ Petition is allowed to be withdrawn with liberty as aforesaid and disposed of as such. 4.

It is clarified that this Court has not considered the merits and all contentions on merits are expressly kept open. [MADHAV J. JAMDAR, J.] Vaibhav Page No. 1