Bombay High Court
Abdul Rafiq Qadir Qureshi vs The State Of Maharashtra Through ... on 13 November, 2025
2025:BHC-NAG:12073
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 825/2025
1. Abdul Rafiq S/o Abdul Quadir Qureshi,
Age 53 yrs., Occ. Cultivation,
R/o. Village Aanji Mothi,
Tal. & Dist. Wardha.
2. Naushad s/o. Mohd Basir Qureshi,
Age 40 yrs., Occ. Cultivation,
R/o. Village Aanji Mothi,
Tal. & Dist. Wardha.
...PETITIONERS
VERSUS
1. The State of Maharashtra,
through the Superintendent of Police,
Wardha, Dist. Wardha.
2. The State of Maharashtra through the
Police Station in-charge, Kharangna
Police Dist. Wardh.
3. The Divisional Commissioner, Nagpur,
Civil Lines, Nagpur.
...RESPONDENTS
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Mr. S.S. Ansari, Advocate for petitioners.
Mr. A.M. Joshi, APP for respondents
-------------------------------------------------------------------------------------
CORAM : M. M. NERLIKAR, J.
DATE : 13.11.2025
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2
ORAL JUDGMENT :
Heard. Rule is made returnable forthwith and by
consent of learned counsel appearing for the parties, writ
petition is taken upon for final disposal.
2. This petition is filed under Articles 226 and 227 of the
Constitution of India challenging the order dated 29.04.2025
passed by the Superintendent of Police, Wardha externing the
petitioner under Section 55 of the Maharashtra Police Act, 1951
("Police Act"). Against the same, appeal was preferred under
Section 60 of the said Act by petitioners, however the same was
dismissed vide order dated 25.09.2025 by the Divisional
Commissioner, Nagpur. Both these orders are under challenge
in this petition.
3. I have heard the learned respective Counsel for the
parties. The learned Counsel for petitioners submits that
offence committed under the Prevention of Cruelty to Animals
Act or Maharashtra Animal Preservation Act cannot form the
basis to extern the petitioners. So as to substantiate the same,
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he has relied on the judgments delivered by the Division Bench
of this Court in case of Shoeb @ Shobi Noor Qureshi and
another .vrs. State of Maharashtra and another (Criminal Writ
Petition No.507/2024 - decided on 01.08.2024) and Nazim
Ahmed Nisar Ahmed Qureshi .vrs. State of Maharashtra and
another (Criminal Writ Petition No.474/2024 -decided on
05.07.2024) wherein while considering the scope of Section 55
of the Maharashtra Police Act, has taken a view that offence
under the Prevention of Cruelty to Animals Act are not covered
under Section 55 of the Maharashtra Police Act.
4. On the other hand, the learned A.P.P. submits that
petitioners are acting in an organized manner and therefore,
they form a gang, both the authorities have rightly passed the
orders externing petitioners. He further submits that petitioner
Nos. 1 and 2 have committed serious crimes by giving
inhumane treatment to animals, and as many as 4 crimes have
been committed by petitioner No.1 and 3 crimes have been
committed by petitioner No.2. He further submits that after
considering the entire track record of petitioners, the
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Superintendent of Police has passed a reasoned order which is
further endorsed by the Divisional Commissioner, Nagpur.
Ultimately he supports the orders impugned and prays for
dismissal of the petition.
5. Division Bench of this Court in case of Nazim Ahmed
Nisar Ahmed Qureshi (supra), has observed in the following
manner :
"..........It is then stated that the petitioner is the member
of a gang, who are indulging in this kind of activities. We
are unable to consider that such activities are covered
under section 55 of the Maharashtra Police Act. What
section 55 of the Maharashtra Police Act contemplate is
".......... is causing or is calculated to cause danger or
alarm or reasonable suspicion that unlawful designs are
entertained by such gang or body or by members
thereof........"
Similar view is also taken by the Division Bench of this Court in
case of Shoeb @Shobi Noor Qureshi (supra).
6. Considering the above observations of the Division
Bench of this Court, it is crystal clear that the activities of
petitioners does not fall under Section 55 of the Maharashtra
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Police Act. In view of these facts and circumstances, the
impugned orders cannot be sustained in law, and hence, the
following order.
ORDER.
1. Criminal Writ Petition is allowed and disposed of.
2. The order dated 29.04.2025 passed by the
Superintendent of Police, Wardha and the order
dated 25.09.2025 passed by the Divisional
Commissioner, Nagpur, externing the petitioners
are hereby quashed and set aside.
3. Rule is made absolute in aforesaid terms.
( M. M. NERLIKAR , J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PS To Honourable Judge
Date: 14/11/2025 18:01:59
