Farhan Abdul Kadar Baatewala And ORS v. The Divisional Commissioner And ORS

41-WP-3022-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3022 OF 2025 Farhan Abdul Kadar Baatewala & Ors.

...Petitioners

Versus

The Divisional Commissioner & Ors.

...Respondents

_______________________________________________________________ Ms. Muskan Shaikh i/b Mateen Shaikh, for the Petitioners. Mr. D. J. Haldankar, APP, for the Respondent -State. PSI, Sopan Kadam, Dongri Police Station, Mumbai. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 9th JUNE 2025 P.C.:

1.

Heard Ms. Muskan Shaikh, learned Counsel appearing for the Petitioners and Mr. D. J. Haldankar, learned APP for the RespondentState. 2.

The challenge in this Writ Petition is to the order dated 21st February 2025 passed by the Deputy Commissioner of Police, Zone-1, Brihan Mumbai, externing the Petitioners from entire Mumbai City, Mumbai Suburban, Thane, New Mumbai and Panvel. 3.

Ms. Muskan Shaikh, states that the Petitioners have also filed Appeal before the Divisional Commissioner, Konkan Division, Mumbai, bearing Appeal No.46 of 2025. She, therefore, seeks withdrawal of the Writ Petition. She states that as the statutory Appeal is filed under Section 60 of the Bombay Police Act, 1951, the Petitioner is permitted to Vaibhav Page No. 1

41-WP-3022-2025.doc withdraw the Writ Petition. However, she states that learned Commissioner be directed to dispose of the said Appeal No.46 of 2025 within a period of 6 weeks.

4.

Accordingly, the Writ Petition is allowed to be withdrawn. The Divisional Commissioner, Konkan Division, Mumbai, is requested to dispose of said Appeal No.46 of 2025 on or before, 31st July 2025. 5.

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. 2