NILESH ALIAS NICKY HARSHLAL DINGRA vs THE STATE OF MAHARASHTRA AND ORS — WP/4044/2025

Case under Constitution of India Section 226, 227, 14, 21. Next hearing: 08th May 2026.

CNR: HCBM010397752025

Next Hearing

08th May 2026

Filing Number

WP/15035/2025

Filing Date

22-07-2025

Registration No

WP/4044/2025

Registration Date

22-07-2025

Judge

HON'BLE SHRI JUSTICE N. J. JAMADAR

Coram

HON'BLE SHRI JUSTICE N. J. JAMADAR

Bench Type

Single

Category

CRIMINAL ( 9 )

Sub-Category

Seeking Directions ( 105 )

Judicial Branch

Criminal

Acts & Sections

Constitution of India Section 226, 227, 14, 21
Bombay Police Act Section 60

Petitioner(s)

NILESH ALIAS NICKY HARSHLAL DINGRA

Adv. Raju Suryawanshi

Respondent(s)

THE STATE OF MAHARASHTRA AND ORS

ASSISTANT COMMISSIONER OF POLICE

DEPUTY COMMISSIONE OF POLICE

DIVISIONAL COMMISSIONER OF POLICE

Hearing History

Judge: HON'BLE SHRI JUSTICE N. J. JAMADAR

29-07-2025

FRESH ADMISSION

08-05-2026

FOR CIRCULATION

30-09-2025

FOR ADMISSION

07-08-2025

FRESH ADMISSION

Orders

08-05-2026
HON'BLE SHRI JUSTICE N. J. JAMADAR

Case Summary: WP/4044/2025 The Bombay High Court allowed the writ petition and quashed both the externment order (July 12, 2024) and the appellate order (January 30, 2025). The court found that the externment order under the Maharashtra Police Act, 1951, lacked proper legal foundation: (1) substantial time gap weakened the link between old crimes and the externment measure; (2) confidential witness statements were unverified and general in nature, with no recorded subjective satisfaction that witnesses feared for safety; and (3) most critically, the authority failed to record reasons justifying the maximum two-year externment period, violating Supreme Court precedent requiring documented subjective satisfaction for such restrictions on fundamental rights. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Case Summary: WP/4044/2025 The Bombay High Court allowed the writ petition and quashed both the externment order (July 12, 2024) and the appellate order (January 30, 2025). The court found that the externment order under the Maharashtra Police Act, 1951, lacked proper legal foundation: (1) substantial time gap weakened the link between old crimes and the externment measure; (2) confidential witness statements were unverified and general in nature, with no recorded subjective satisfaction that witnesses feared for safety; and (3) most critically, the authority failed to record reasons justifying the maximum two-year externment period, violating Supreme Court precedent requiring documented subjective satisfaction for such restrictions on fundamental rights. This case analysis is maintained by casestatus.in based on publicly available court records.

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