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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

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


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                                                                             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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