Mohd Anjum Ashraf Shaikh v. State Of Maharashtra

by ARUN RAMCHANDRA SANKPAL Date:

2025.11.21 19:44:05 +0530 ARUN RAMCHANDRA SANKPAL 8-WP-5938-2025.DOC Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5938 OF 2025 Mohd Anjum Ashraf Shaikh ..Petitioner

Versus

State of Maharashtra

...Respondent

Mr. Arif Siddiqui, with Farheen Sheikh and Essa Shaikh, for the Petitioner.

Mr. P. P. Malshe, APP, for the Respondent-State.

CORAM:

N. J. JAMADAR, J.

DATE :

19th NOVEMBER 2025 P.C.:

1.

Heard the learned Counsel the parties.

2.

The challenge in this Petition is to an order dated 19th September 2025, passed by the Deputy Commissioner of Police. Zone-6, Chembur, Mumbai, thereby externing the Petitioner from the limits of the Mumbai City, Mumbai Suburban, Thane and Raigad Districts, for a term of 18 months under the provisions of Section 56(1)(a)(b) of the Maharashtra Police Act, 1951 ("the Act, 1951").

3.

The learned Counsel for the Petitioner submitted that, the Petitioner has approached this Court as the copy of the order was not served on the Petitioner for a considerable period. Eventually, a copy of the order was furnished to the Petitioner on 5th November 2025. 1/2

8-WP-5938-2025.DOC 4.

The Petitioner has an efficacious alternate remedy of preferring an Appeal under Section 60 of the Act, 1951, before the Divisional Commissioner.

5.

The Petition stands disposed with liberty to the Petitioner to file an Appeal before the Divisional Commissioner. 6.

In the event the Appeal is filed within a period of two weeks from today, the Appellate Authority is requested to hear and decide the Appeal as expeditiously as possible and, preferably, within a period of 10 weeks, thereafter.

7.

In the event the question of limitation in filing the Appeal arises for consideration, the Appellate Authority may have regard to the fact that, the copy of the impugned order was served on the Petitioner on 5th November 2025.

[N. J. JAMADAR, J.] 2/2