Tarbez Hakimoddin Siddique Vs State of Maharashtra through Sub Divisional Magistrate Ramtek Division — Bombay HC (2025) — LawSathi Research

Tarbez Hakimoddin Siddique Vs State of Maharashtra through Sub Divisional Magistrate Ramtek Division — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition allowed; impugned order dated 14/12/2025 of the Divisional Commissioner, Nagpur, rejecting the stay application quashed and set aside; implementation and operation of the externment order dated 28/11/2025 passed by the Sub-Divisional Magistrate, Ramtek, stayed till disposal of the appeal under Section 60 of the Maharashtra Police Act, 1951; Divisional Commissioner directed to decide the appeal on the scheduled date (13/01/2026); petition disposed of.

Issue for consideration

Whether the impugned order dated 14/12/2025 of the Divisional Commissioner, Nagpur, rejecting the petitioner's stay application — a non-speaking order containing no reasons — should be quashed and set aside. +1 more

Court's answer

The impugned order dated 14/12/2025 rejecting the stay application contains absolutely no reasons and is a non-speaking order; at least brief reasons were expected for rejection of the application.

Ratio / Principle

In view of the impugned order being non-speaking, the petition deserved to be allowed by quashing and setting aside the impugned order dated 14/12/2025 passed by the Divisional Commissioner, Nagpur.

Key takeaways

Till disposal of the appeal filed by the petitioner under Section 60 of the Maharashtra Police Act, 1951, the implementation and operation of the externment order dated 28/11/2025 passed by the Sub-Divisional Magistrate, Ramtek, is stayed.ratio¶¶21
The Divisional Commissioner, Nagpur, shall decide the appeal on the scheduled date, the matter having been kept on 13/01/2026 as informed by the learned A.P.P.ratio¶¶22

Detailed headnote1 paragraphs

Criminal Writ Petition — Externment — Stay application — Non-speaking order — Petitioner externed from Nagpur District for six months by Sub-Divisional Magistrate, Ramtek (order dated 28/11/2025); appeal under Section 60 of the Maharashtra Police Act, 1951 pending before Divisional Commissioner, Nagpur; Divisional Commissioner rejected stay application by order dated 14/12/2025 without recording any reasons. HELD: Order rejecting stay, being a non-speaking order, was unsustainable and was quashed and set aside; till disposal of the statutory appeal, implementation and operation of the externment order stayed; Divisional Commissioner directed to decide the appeal on the scheduled date (13/01/2026); petition disposed of.

2025:BHC-NAG:14836

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2-Cr.WP-1041-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

CRIMINAL WRIT PETITION NO. 1041 OF 2025

Tabrez Hakimoddin Siddique

-- VERSUS --

State of Maharashtra and Others

Office Notes, Office Memoranda of Coram,__________________________________________________________________________

appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Shoeb Khan, Advocate, a/w Mr. M.N. Ali, Advocate (Through V.C.) for the Petitioner. Mr. Bhagwan M. Lonare, A.P.P. for the Respondents/State.

CORAM : M.M. NERLIKAR, J.

DATE : DECEMBER 22, 2025.

Heard the learned counsel for the petitioner and the learned A.P.P.

The present petition is against the rejection of stay on the externment order passed by the Sub Divisional Magistrate, Ramtek, District Nagpur, wherein the petitioner was externed from Nagpur District for a period of six months. The petitioner preferred an appeal under Section 60 of the Maharashtra Police Act, 1951, before the Divisional Commissioner, and also filed an application for grant of stay. It appears that the said stay application was rejected by an order dated 14/12/2025. Aggrieved by the said order dated 14/12/2025, the petitioner has approached this Court.

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2-Cr.WP-1041-2025

I have perused the impugned order. After perusal of the impugned order, it appears that absolutely there are no reasons, in order to show as to why the stay application was rejected. It is a nonspeaking order. At least it is expected that brief reasons are given for rejection of application.

Considering this fact, I am inclined to allow the petition by quashing and setting aside the impugned order dated 14/12/2025 passed by the Divisional Commissioner, Nagpur.

Till the disposal of the appeal filed by the petitioner under Section 60 of the Maharashtra Police Act, the implementation and operation of the externment order dated 28/11/2025 passed by Respondent No.1–Sub-Divisional Magistrate, Ramtek, is stayed .

It is made clear that the Divisional Commissioner, Nagpur, shall decide the appeal on the scheduled date as it is informed by the learned A.P.P. that the matter is kept on 13/01/2026. With these observations, the petition is disposed of.

Piyush Mahajan