Bombay High Court
ALAMGEER SHAMSUDDIN SHAIKHversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
Holding
The Court stayed the proceedings arising from FIR No. 918/2024 and ordered the petition to be tagged with Criminal Writ Petition Nos. 280 of 2025, 3444 of 2025 and 4078 of 2025.
Summary
Petitioner Alamgeer Shamsuddin Shaikh filed a writ petition seeking to quash FIR No. 918 of 2024 and the accompanying chargesheet for offences under the Bharatiya Nyaya Sanhita, 2023 and the Food Safety and Standards Act, 2006. He argued that the same legal questions are pending before the Supreme Court in three other writ petitions and that interim reliefs have been granted in those cases. The State did not contest that the issues are identical and agreed to have the present petition tagged with the earlier ones. The Court, noting the pending Supreme Court consideration, stayed the further proceedings arising from the FIR and ordered the petition to be tagged with the three earlier writ petitions, thereby granting the interim relief sought. No final decision on the merits of the FIR was made.
Issues considered
- Whether the FIR and chargesheet can be stayed pending resolution of similar issues before the Supreme Court
- Whether the present writ petition can be tagged with other pending writ petitions involving identical questions
Legislation cited
- Bharatiya Nyaya Sanhita (BNS), 2023 — s. 123, 223, 274, 275
- Food Safety and Standards Act, 2006 — s. 26(2)(i), 26(2)(iv), 27(3)(e), 30(2)(a), 3(1)(zz)(iv), 59
Subjects
- criminal procedure
- stay of proceedings
- FIR quash
- interim relief
- tagging petitions
- Bharatiya Nyaya Sanhita
- Food Safety and Standards Act
Judgment
9. CRI WP-4293-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4293 OF 2026
Alamgeer Shamsuddin Shaikh .. Petitioner
Versus
State of Maharashtra & Anr. .. Respondent
....................
Mr. Imran Mohd Safar Shaikh, Advocate for Petitioner
Mr. Sukanta A. Karmakar, APP for State
Ms. Anupama Patil, PSI, Sakinaka Police Station
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 11, 2026
P. C.:
1. Heard Mr. Shaikh, learned Advocate for Petitioner and Mr.
Karmakar, learned APP for State.
2. By the present Criminal Petition, the Petitioner is seeking to
quash FIR No. 918 of 2024 registered with Sakinaka Police Station,
Mumbai for the offences punishable under Sections, 123, 223, 274 and
275 of Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 26(2)(i),
26(2)(iv), 27(3)(e), 30(2)(a), 3(1)(zz)(iv) and 59 of Food Safety and
Standards Act, 2006 with chargesheet dated 02.09.2026 and Police
Warrant Case No. 944/2026 pending before the Judicial Magistrate
First Class, 46th Court at Mazgaon, Mumbai.
3. Mr. Shaikh would submit that the issue involved in the present
Criminal Petition is pending for consideration before the Hon’ble
1 of 2
9. CRI WP-4293-26.odt
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 Petitions,
wherein this Court has admitted the same and granted interim
reliefs.
4. Learned APP 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.
5. Mr. Shaikh 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.
6. In view of the above, further proceedings arising out of FIR
No. 918/2024 registered with Sakinaka Police Station with
chargesheet dated 02.09.2026 and Police Warrant Case No. 944/2026
pending before the Judicial Magistrate First Class, 46th Court at
Mazgaon, Mumbai are stayed qua the Petitioner.
7. 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 2 of 2
RAVINDRA by RAVINDRA
MOHAN
MOHAN AMBERKAR
AMBERKAR Date: 2026.09.12
17:28:11 +0530
Checking your session…