Bombay High Court
SHAUKATALI KHUSHIYAL PATHANversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
Holding
The Court stayed further proceedings on the FIR and ordered the petition to be tagged with the earlier writ petitions, granting interim relief pending the Supreme Court's decision.
Summary
The petitioner, Shaukatali Khushiyal Pathan, filed a criminal writ petition seeking to quash FIR No. 237 of 2026 alleging offences under the Bharatiya Nyaya Sanhita, 2023 and the Food Safety and Standards Act, 2006. The petitioner argued that the same issues were pending before the Supreme Court and were raised in three other criminal writ petitions (Nos. 280/2025, 3444/2025, 4078/2025) where interim relief had been granted. The State, through its APP, waived service of notice and did not contest that the matters were identical to those pending in the other petitions. The Court, after noting the submissions, ordered a stay on all further proceedings arising from the FIR and directed that the present petition be tagged with the earlier petitions. Consequently, the petitioner obtained interim relief pending the resolution of the larger issues before the Supreme Court.
Issues considered
- Whether the FIR registered under Sections 123, 223, 271, 274, 275 of the Bharatiya Nyaya Sanhita, 2023 and Sections 26(2)(i), 26(2)(iv), 27(3)(d), 27(3)(e), 59 of the Food Safety and Standards Act, 2006 should be quashed pending adjudication of similar issues before the Supreme Court.
- Whether the present petition can be procedurally linked (tagged) with other pending criminal writ petitions involving identical questions of law.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 123, 223, 271, 274, 275
- Food Safety and Standards Act, 2006 — s. 26(2)(i), 26(2)(iv), 27(3)(d), 27(3)(e), 59
Subjects
- criminal procedure
- writ petition
- stay of proceedings
- FIR quash
- Bharatiya Nyaya Sanhita
- Food Safety Act
Judgment
5. CRI WP-4287-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4287 OF 2026
Shaukatali Khushiyal Pathan .. Petitioner
Versus
State of Maharashtra & Anr. .. Respondent
....................
Mr. Shubham S. Upadhyay, Advocate for Petitioner
Ms. Shilpa G. Talhar, APP for State
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 11, 2026
P. C.:
1. Heard Mr. Upadhyay, learned Advocate for Petitioner and Ms.
Talhar, learned APP for State.
2. By the present Criminal Petition, the Petitioner is seeking to
quash FIR No. 237 of 2026 registered with Tilaknagar Police Station,
Mumbai for the offences punishable under Sections, 123, 223, 271,
274 and 275 of Bharatiya Nyaya Sanhita (BNS), 2023; Sections 26(2)
(i), 26(2)(iv), 27(3)(d), 27(3)(e) and 59 of Food Safety and Standards
Act, 2006.
3. Mr. Upadhyaay would submit that the issue involved in the
present Criminal Petition 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
1 of 2
5. CRI WP-4287-26.odt
Petitions, wherein this Court has admitted the same and granted
interim reliefs.
4. In view of the submission made by Mr. Upadhyay, issue notice
to the Respondents. Hamdast permitted.
5. Learned APP waives service of notice on behalf of State. She
does not dispute that the issue involved in the present Criminal
Petition is subject matter of the Petitions, referred by the Petitioner in
the present Criminal Petition. He submits that the present Criminal
Petition be tagged along with the aforesaid Petitions.
6. Mr. Upadhyay would submit that the interim orders granted in
the aforesaid Petitions, be also granted in this Criminal Petition.
Learned APP does not object to the said request.
7. In view of the above, further proceedings arising out of FIR
No. 237 of 2026 registered with Tilaknagar Police Station are stayed
qua the Petitioner.
8. At the request of parties, tag the present Criminal Petition along
with Criminal Writ Petition Nos. 280 of 2025, 3444 of 2025 and 4078
of 2025.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
RAVINDRA by RAVINDRA
MOHAN
MOHAN AMBERKAR
AMBERKAR Date: 2026.09.12
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17:26:37 +0530
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