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
- Bharatiya Nyaya Sanhita — s. 123, 223, 274, 275, 3(5)
- Food Safety and Standards Act, 2006 — s. 26(2)(i), 26(2)(iv), 27(2)(e), 30(2)(a), 59
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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