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Bombay High Court

JUNAID ASLAM SHAIKHversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed

Holding

The court stayed further proceedings in C.R. No.787 of 2024 and ordered the application to be tagged with the referenced criminal writ petitions.

Summary

The applicants, Junaid Aslam Shaikh and another, filed a criminal application seeking to quash FIR C.R. No.787 of 2024, which alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the Food Safety and Standards Act, 2006. They contended that the legal questions raised are already pending before the Supreme Court in several criminal writ petitions (Nos. 280/2025, 3444/2025, 4078/2025). The State waived service of notice and did not oppose tagging the application with those pending petitions or granting similar interim relief. The High Court issued notice, stayed further proceedings in the FIR, and ordered the application to be tagged with the referenced writ petitions. Consequently, the court granted an interim stay of the criminal proceedings against the applicants.

Issues considered

  • Whether the criminal application seeking quash of FIR should be stayed pending resolution of similar issues before the Supreme Court
  • Whether the application can be tagged with the pending criminal writ petitions and be granted the same interim relief as those petitions

Legislation cited

Subjects

  • criminal application
  • stay of proceedings
  • FIR quash
  • Bharatiya Nyaya Sanhita
  • Food Safety Act
  • interim relief
  • tagging of cases

Judgment

                                                                    9.APL.1581.2026.doc

Ajay
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CRIMINAL APPELLATE JURISDICTION


                    CRIMINAL APPLICATION NO. 1581 OF 2026

       Junaid Aslam Shaikh and Anr.                            .. Applicants
                  Versus
       The State of Maharashtra                                .. Respondent
                                   ....................
        Mr. Priyal G. Sarda, Advocate for Applicant.
        Ms. Shilpa G. Talhar, APP for Respondent – State.
                                     ...................

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

       1.        Heard Mr. Sarda, learned Advocate for Applicant and Ms.

       Talhar, learned APP for Respondent.


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

       quash C.R. No.787 of 2024 registered with Indapur 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), 27(3)(d), 27(2)(e), 30(2)(a) and 59(iii) of

       Food Safety and Standards Act, 2006.


       3.        Mr. Sarda 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

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



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                                                                                         9.APL.1581.2026.doc


                                 Petitions, wherein this Court has admitted the same and granted

                                 interim reliefs.


                                 4.         In view of the submission made by Mr. Sarda, 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. Sarda 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.787 of 2024 registered with Indapur 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.



         Ajay                                                             [ MILIND N. JADHAV, J. ]

                Digitally signed by
AJAY       AJAY TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date: 2026.10.10
                11:47:41 +0530




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