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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

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

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                                                                       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
                                                                                      2 of 2
                      17:26:37 +0530


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