Bombay High Court
SHAUKATALI KHUSHIYAL PATHANversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
Holding
The Court stayed further proceedings in FIR No.12 of 2026 and ordered the petition to be tagged with the related writ petitions pending before the Supreme Court.
Summary
The petitioner, Shaukatali Khushiyal Pathan, filed a writ petition seeking to quash FIR No.12 of 2026 registered at Vikhroli Police Station for alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the Food Safety and Standards Act, 2006. The petitioner argued that the same questions are pending before the Supreme Court and are involved in three other criminal writ petitions (Nos. 280, 3444 and 4078 of 2025). The State, through its APP, waived service of notice and did not contest that the issues are common with the other petitions. The Court issued notice, agreed to tag the present petition with the three pending writ petitions, and stayed all further proceedings in the FIR. Consequently, the petition was granted interim relief in the form of a stay, pending resolution of the related Supreme Court matters.
Issues considered
- Whether an FIR can be quashed or stayed when the same factual and legal issues are pending before the Supreme Court.
- Whether interim relief granted in related writ petitions can be extended to the present petition.
- Whether the present petition can be lawfully tagged with other pending criminal writ petitions.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 123, 274, 275, 3(5)
- Food Safety and Standards Act, 2006 — s. 26(2)(iv), 27(3)(d), 30(2)(a), 59, 63
Subjects
- criminal procedure
- stay of proceedings
- FIR quash
- tagging of petitions
- pending Supreme Court issues
- Food Safety Act
- Bharatiya Nyaya Sanhita
Judgment
6. CRI WP-4288-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4288 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
W.V. Mhaske, PSI, Mulund Police Station
...................
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. 12 of 2026 registered with Vikhroli Police Station,
Mumbai for the offences punishable under Sections, 123, 274, 275 and
3(5) of Bharatiya Nyaya Sanhita (BNS), 2023; Sections 26(2)(iv),
27(3)(d), 30(2)(a), 59 and 63 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
1 of 2
6. CRI WP-4288-26.odt
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. 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. 12 of 2026 registered with Vikhroli 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
2 of 2
MOHAN AMBERKAR
AMBERKAR Date: 2026.09.12
17:27:25 +0530
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