IRFAN MOHAMMED SHAUKAT NIYAMAT KHANversusTHE STATE OF MAHARASHTRA

                                                                          915.APL-1540.26.DOC




             Digitally signed
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             by PRACHI
PRACHI       PRANESH
PRANESH
NANDIWADEKAR
             NANDIWADEKAR               CRIMINAL APPELLATE JURISDICTION
             Date: 2026.10.01
             14:21:17 +0530
                                      CRIMINAL APPLICATION NO. 1540 OF 2026

                    Irfan Mohammed Shaukat Niyamat Khan                    … Applicant
                               V/s.
                    The State of Maharashtra                               …. Respondent
                                                 ______________________

                    Mr. Karan L. Jain, for the Applicant.
                    Mrs. M. R. Tidke, APP for the Respondent-State.
                    Mr. Tushar N. Halwai, for the Original Complainant.
                    Mr. Ashok Jadhav, PSI a/w I.O. Kanvade P.I. attached to Dongri
                    Police Station.
                                          ______________________

                                                 CORAM : MADHAV J. JAMDAR, J.
                                                 DATED : 29 SEPTEMBER 2026
                    P. C. :-

                    1.         By this criminal application filed under section 528 of the

                    Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant has

                    challenged the legality and validity of the order dated 4 February

                    2026 passed by the learned Judicial Magistrate (First Class), 70 th

                    Court,        Mazgaon,     Mumbai      in    application   bearing     cc

                    no.70/misc/2026 (“impugned order”). The said application was

                    filed seeking permission to travel abroad.




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2.    The Applicant has earlier challenged the said order by filing

Criminal Application No.809 of 2026 and the said application was

allowed to be withdrawn subject to liberty granted to the Applicant

as noted in paragraph no.5 of the said order dated 22 June 2026.

Liberty has also been granted to file fresh application if charge-

sheet is not filed within a period of four weeks.



3.    Mr. Jain, learned counsel appearing for the Applicant states

that more than 3 months have passed, however, charge-sheet has

not been filed.



4.    Learned APP appearing for the State and the learned counsel

appearing for the Original Complainant state that meanwhile, the

Investigating Officer was transferred and, therefore, there is delay

in filing the charge-sheet. However, now the Investigating Officer

has been appointed and investigation is going on.



5.    Learned APP, on instructions, states that charge-sheet will be

filed within a period of four weeks.




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6.       In view of the said statement made on instructions by the

learned APP, learned Counsel appearing for the Applicant seeks

withdrawal of the Application with liberty to file fresh Application,

if the charge-sheet is not filed within a period of four weeks from

today.



7.       Accordingly, liberty is granted to the Applicant to file fresh

Application challenging the impugned order dated 4 February

2026, if the chargesheet is not filed within a period of four weeks.



8.       If chargesheet is filed within the aforementioned period,

then the Applicant to file fresh Application before the learned Trial

Court.



9.       However, it is made clear that if after filing of charge-sheet,

new application is filed before the learned JMFC then, the said

application will be decided on its own merits and all contentions in

that behalf are expressly kept open. In the facts and circumstances

learned JMFC to pass order after hearing the First Informant .




                                            [MADHAV J. JAMDAR, J.]




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