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Bombay High Court

VINOD RAMCHANDRA GANGWANIversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The Court stayed further proceedings in the FIR and ordered the application to be tagged with the related criminal writ petitions.

Summary

Vinod Ramchandra Gangwani filed a criminal application seeking to quash FIR No.344 of 2026, which alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the Food Safety and Standards Act, 2006. He argued that the same questions are pending before the Supreme Court and have been raised in several criminal writ petitions, for which interim reliefs were granted. The State, through its APP, did not contest the pendency of the issues and waived service of notice. The Court issued notice, then stayed further proceedings in the FIR and ordered the application to be tagged with the related writ petitions. Consequently, the interim orders granted in the writ petitions were extended to the present application.

Issues considered

  • Whether the FIR can be quashed or stayed pending adjudication of similar issues by the Supreme Court
  • Whether interim reliefs granted in related criminal writ petitions can be extended to the present criminal application
  • Whether the application should be tagged with the pending writ petitions for coordinated adjudication

Legislation cited

Subjects

  • criminal procedure
  • quash FIR
  • interim relief
  • stay of proceedings
  • pending Supreme Court issues
  • Bharatiya Nyaya Sanhita
  • Food Safety Act

Judgment

                                                                      4.APL.1573.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                           CRIMINAL APPLICATION NO.1573 OF 2026

              Vinod Ramchandra Gangwani                     .. Applicant
                         Versus
              The State of Maharashtra                      .. Respondent
                                       ....................
               Mr. Tuushar N. Sonawane, Advocates for Applicant.
               Ms. Gauri S. Rao, APP for Respondent – State.
               API – Vinod Patil, Ulhasnagar Police Station.
                                           ...................

                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : OCTOBER 09, 2026
              P.C.:

              1.       Heard Mr. Sonawane, learned Advocate for Applicant and

              Ms. Rao, learned APP for Respondent.


              2.       By the present Criminal Application, Applicant is seeking to

              quash C.R. No.344 of 2026 registered with Ulhasnagar Police Station

              for the offences punishable under Sections 123, 223, 274 and 275 read

              with Section 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 alongwith

              Sections 26(2)(i), 26(2)(iv), 27(2)(e), 30(2)(a) and 59 of Food Safety

              and Standards Act, 2006.


              3.       Mr. Sonawane would submit that the issue involved in the

              present Criminal Application is pending for consideration before the

              Hon’ble Supreme Court. He further submits that similar issues are

              involved in Criminal Writ Petition Nos. 280 of 2025, 3444 of 2025 and



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                                                                                4.APL.1573.2026.doc


               4078 of 2025. He refers to the orders passed in the above said

               Petitions, wherein this Court has admitted the same and granted

               interim reliefs.


               4.                  In view of the submission made by Mr. Sonawane, issue

               notice to Respondent. Humdast permitted.


               5.                  Learned APP waives service of notice on behalf of State. She

               does not dispute that the issue involved in the present Criminal

               Application is subject matter of the Petitions, referred by the Applicant

               in the present Criminal Application. He submits that the present

               Criminal Application be tagged alongwith the aforesaid Petitions.


               6.                  Mr. Sonawane would submit that the interim orders granted

               in the aforesaid Petitions, be also granted in this Criminal Application.

               Learned APP does not object to the said request.


               7.                  In view of the above, further proceedings arising out of C.R.

               No.344 of 2026 registered with Ulhasnagar Taluka Police Station are

               stayed qua the Applicant.


               8.                  At the request of parties, tag the present Criminal

               Application alongwith Criminal Writ Petition Nos.280 of 2025, 3444 of

               2025; 4078 of 2025 and 1562 of 2026.



H. H. SAWANT                                                    [ MILIND N. JADHAV, J. ]

                            Digitally signed
               HARSHADA by HARSHADA
                        HANUMANT
               HANUMANT SAWANT
               SAWANT   Date: 2026.10.09
                            19:51:07 +0530
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