Bombay High Court
Shivaji Shiva Vasant Gonewar vs Sdpo Sub Division Mul on 13 October, 2025
2025:BHC-NAG:10854
1 41 wp 792.25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO.792/2025
(Shivaji @ Shiva s/o Vasant Gonewar Vs. SDPO, Sub Divisional Mul, Dist. Chandrapur & ors.)
----------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
--------------------------------------------------------------------------------------
Mr. F.N. Haidari Advocate for petitioner.
Mrs. S.V. Kolhe, APP for respondent Nos. 1 to 3.
CORAM: M. M. NERLIKAR, J.
DATED : 13/10/2025.
Heard.
2. By this petition filed under Article 227 of the
Constitution of India, the petitioner is seeking to quash and
set aside the order dated 02.10.2024 passed by respondent
No.2 Superintendent of Police, Chandrapur in the
externment case No.3302/2024 (Chandrapur) and an
impugned order dated 13.12.2024 passed by the
respondent No.3 Divisional Commissioner, Nagpur in
appeal No.64/2024.
3. The learned counsel for the petitioner submits that
this Court while dealing with the same orders dated
02.10.2024 passed by respondent No.2 Superintendent of
Police, Chandrapur in externment case No.3302/2024
(Chandrapur) and impugned order dated 13.12.2024
passed by respondent No.3 Divisional Commissioner,
Nagpur in appeal No.64/2024 which are impugned in the
present petition are already dealt in the Criminal Writ
Petition No. 425/2025 in case of Sonal S/o Shankar
Gogula Vs. Superintendent of Police & anr. With Criminal
Writ Petition No. 426/2025 in case of Shri Rajesh @
2 41 wp 792.25
Rajanna S/o Narsingh Kankatwar Vs. Superintendent of
Police, Chandrapur, decided on 11.09.2025.
4. The present petitioner is a gang leader and as
many 8 crimes are registered against him. The crime chart
of 8 crimes is as under:-
अ पो.स्टे. अप.नं. दाखल ता. दोषा क्र. कोर्ट के स क्र. सध्या
क्र /कलम वेळ ची
स्तिथी
1. ?kqX?kwl 598/16, 13/10/16 53/17 476/17 को. पे.
294, 506, 34 15:57 वा. 24/01/17 27/01/17
भादवि
2. ?kqX?kwl 355/18, 18/7/18 206/2018 4609/18 को. पे.
65(ई), 83 07:47 वा. 5/10/18 5/12/18
मुदाका 188
भादवि
3. ?kqX?kwl 26/19 25/1/19 27/2019 2670/19 को. पे.
143, 147, 21:28 वा. 22/08/19 29/8/19
323 भादवि
4. ?kqX?kwl 64/22 20/2/22 34/22 आर/308/22 को. पे.
302, 120, 04:41 वा. 17/05/22 19/05/22
143, 147,
148, 107
भादवि सह
135 मपोका
सह 4, 25
आर्म ऍक्ट
5. चंद्रपूर 241/2015, 27/10/15 11/16 आर.सी.सी. को. पे.
भादवि 26/01/16
6. चंद्रपूर 682/2024 28/08/24 पोलीस पोलीस पोलीस
शहर 115(2), 352, 00:38 वा. तपासावर तपासावर तपासा
189(2), 190,
191(1), प्रलंबित प्रलंबित वर
191(2), भा. प्रलंबि
न्या. सं. त
7. दुर्गापूर 278/17 24/7/17 46/2017 409/22 को. पे.
26, 324, 18:46 वा. 22/09/17
120(ब), 34
भादवि
3 41 wp 792.25
8. रामनगर 958/23 24/08/23 396/23 49/23 को. पे.
143, 147, 17:50 वा. 6/12/23 03/1/24
148, 504,
323 भादवि
So also Chapter proceedings have been initiated against
him which are as under:-
अ प्रतिवृत्त कलम दाखल तारीख, सध्याची स्तिथी
क्र क्रमांक वेळ
1. 23/17 110 फौ. प्र. 14/11/17 दिनांक 23/11/17 रोजी जाब
सं. 23:06 वा. देणार कडून 10,000/- रु
रकमेचा व 3 वर्ष मुदतीचा
अंतरिम बंधपत्र घेण्यात आले.
2. 05/2017 122(ब) 08/09/18 बॉण्ड रद्द प्रस्ताव सादर
जा. फौ.
3. 25/23 110(ई) फौ. 12/08/23 दिनांक 26/04/2023 रोजी
प्र. सं. 18:18 वा. जाब देणार यांचे कडून
10,000/- रु रकमेचा 3 वर्ष
मुदतीचा अंतरिम बंधपत्र
घेण्यात आले.
5. It appears from the record that, Gang Leader Shiva
has committed crimes along with his associates since
2016. The recent crime which was committed is Crime No.
682/2024 for the offence punishable under Section 115(2),
352, 189(2), 190, 191(1), 191(2) of the Bharatiya Nyaya
Sanhita. But, it appears from the record that firstly other
members are not accused in this crime and secondly, the
Tabular Chart shows that the investigation of said offence
is still pending.
6. So far as the other offences are concerned, those
were committed in the year 2015, 2016, 2017, 2018, 2019,
2022, 2023. All these offences were registered long back
4 41 wp 792.25
from the date of externment. Recent crime as stated above
was of the year 2024 which is shown to be pending
investigation. It is the mater of record that those stale
cases have no proximity with the externment proceedings
which have been taken into consideration, therefore live-
link with the externment proceedings is snapped. If the
live-link is snapped, under such circumstances, the
externment proceedings cannot be sustained. The very
object of the externment proceedings would be frustrated,
if those offences which are having no proximity, are
considered.
7. As per the raw laid down in the case of Imtiyaz
Hussain Sayyad Vs. The State of Maharashtra and others
(Writ Petition No. 2805/2023, decided on 19.01.2024),
this Court in Para No.19 specifically dealt with the crimes
which are under investigation and accordingly held that
those offences in which the investigation is going on,
cannot form the basis for the externment. Therefore,
Crime No. 682/2024 which is pending for investigation
even that cannot form the basis for externment.
8. As argued by learned APP that last committed
crime by the petitioner was on 28.08.2024, whereas
exterment order was passed on 02.10.2024 and the
proposal was moved on 02.09.2024. According to her,
there is a live-link between the last committed crime and
the order of the externment.
5 41 wp 792.25
9. As discussed above, the crime No.682/2024
cannot be considered in view of the judgment in the case of
Imtiyaz Hussain Sayyad (supra) and therefore, the
submission of the learned APP does not hold the water.
Even otherwise the crime No.682/2024 which was shown
to be against the petitioner, there are no other members
against whom the externment order was passed.
10. Even the learned Divisional Commissioner i.e.
respondent No.3 has failed to appreciate the above facts
which are discussed above and therefore, both the
impugned orders cannot sustain in law.
11. As in Criminal Writ Petition Nos. 425/2025 with
Criminal Writ Petition No.426/2025 in para 11, this Court
dealt with in camera-statements. It was held that in-camera
statements are recorded in order to fill the gap between the
last committed crime and the impugned order. It was
further held that in-camera statements are so vague that it
does not, in any way, said to be sufficient to invoke the
provisions of Section 55 of the Maharashtra Police Act and
therefore, lastly held that those statements are not
sufficient and cannot be believed for the purpose of
ordering externment.
12. Considering above facts and circumstances of the
case, there is a merit to interfere with the impugned orders,
hence this Court passes the following order:-
(I) Criminal Writ Petition is allowed.
6 41 wp 792.25
(II) Impugned order dated 02.10.2024 passed by
respondent No.2 Superintendent of Police,
Chandrapur in externment case No.3302/2024
(Chandrapur) and impugned order dated
13.12.2024 passed by respondent No.3 Divisional
Commissioner, Nagpur in appeal No.64/2024 are
hereby quashed and set aside.
13. Criminal Writ Petition stands allowed and
disposed of in above terms.
( M. M. NERLIKAR, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PS To Honourable Judge
Date: 14/10/2025 17:13:40
