Bombay High Court

IRFAN @ CHIPDYA NOOR MOHD SHAIKHversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 8 January 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

The writ petition is disposed of as withdrawn, with liberty granted to the petitioner to file an application under section 163(5) of the Bharatiya Nyay Suraksha Sanhita.

Summary

The petitioner, Irfan @ Chipdya Noor Mohd. Shaikh, filed a criminal writ petition seeking to quash a notice dated 20 December 2025 issued by the Deputy Commissioner of Police under section 163(2) of the Bharatiya Nyay Suraksha Sanhita, 2023. The State argued that the order was ex parte and that any grievance must be pursued under section 163(5) of the same Act. The petitioner, through counsel, requested permission to withdraw the petition and instead file an application under section 163(5), citing the need for a swift resolution before an upcoming election campaign. The State consented to the withdrawal and assured an expedited decision on the forthcoming application. The Court accepted the withdrawal and disposed of the writ petition, granting the petitioner liberty to approach the Deputy Commissioner as requested.

Issues considered

Whether a writ petition is the appropriate remedy to challenge an ex parte notice issued under section 163(2) of the Bharatiya Nyay Suraksha Sanhita, 2023.
Whether the petitioner must first approach the issuing authority under section 163(5) before seeking judicial intervention.

Subjects

writ petition
criminal procedure
ex parte order
withdrawal
Section 163
B.N.S.S.
notice quash
election campaign

Judgment

               Digitally signed
               by ARUNA
     ARUNA     SANDEEP
     SANDEEP   TALWALKAR
     TALWALKAR Date:
               2026.01.08
               14:13:07 +0530                                         13.WP39.2026.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION
                   CRIMINAL WRIT PETITION NO. 39 OF 2026


Irfan @ Chipdya Noor Mohd. Shaikh.                            … Petitioner.
            V/s.
The State of Maharashtra & Ors.                               … Respondents.
                                                  ---

Mr. Aniket Vagal, Advocate for Petitioner.
Mr. Sukanta Karmakar, APP for Respondent/State.
                               ---

                                  CORAM :    ASHWIN D. BHOBE, J.
                                    DATE :   8th JANUARY, 2026.


P.C. :


1.                 By the present Petition, the Petitioner has sought for

the following substantive relief :

                   “b)    This Hon'ble Court may be quash & set aside the
                   notice dated 20.12.2025 passed by the Respondent No.3.”



2.                 Mr.            Sukanta    Karmakar,   learned   APP    for      the

Respondent-State submits that the impugned order dated 20th

December, 2025 Exh. B (page 18) is an exparte order passed by the

Respondent No. 3-Deputy Commissioner of Police, Zone (2) in


Talwalkar                                     1
                                                        13.WP39.2026.doc



exercise of power under section 163(2) of the Bharatiya Nyay

Suraksha Sanhita, 2023(for short “B.N.S.S.”.). He submits that if

the Petitioner is aggrieved by the said order, then the Petitioner

will have to approach the Respondent No. 3 and take recourse

under Sub-section 5 of Section 163 of the B.N.S.S.



3.          In view of the aforesaid objection raised by Mr.

Sukanta Karmakar, learned APP for the State, Mr. Aniket Vagal,

learned Advocate for the Petitioner on instructions from the

Petitioner craves leave to withdraw the present       Petition.       He

submits that he would approach the Respondent No. 3 with an

application under section 163(5) of the B.N.S.S.      He however,

requests that the Respondent No. 3 be directed to dispose of the

present application at the earliest, as the Petitioner intends to

campaign for his wife in the ensuring election. He submits that the

Petitioner shall file the required application before the Respondent

No.3 today before 5.30 p.m.



4.          Mr.   Sukanta     Karmakar,   learned    APP    for      the

Respondent-State does not object to the withdrawal of the present



Talwalkar                      2
                                                            13.WP39.2026.doc



Petition with the liberty as sought by the Petitioner.             He on

instructions submits that if the Petitioner files     an application

under section 163(5) of the B.N.S.S, before the Respondent No. 3,

today on or before 5.30 p.m., then the same will be decided

expeditiously and at any rate by 12th January, 2026. Statement

made by Mr. Sukanta Karmakar, learned APP for Respondent-State

on instructions is accepted.



5.          All contentions of the parties are left open.



6.          In view of the above, Writ Petition No. 39 of 2026 is

disposed of as withdrawn with the liberty as above.



                                    (ASHWIN D. BHOBE, J.)




Talwalkar                      3

Continue reading with your account

Checking your session…