915.APL-1540.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1540 OF 2026 Irfan Mohammed Shaukat Niyamat Khan … Applicant V/s. The State of Maharashtra …. Respondent ______________________ Mr. Karan L. Jain, for the Applicant. Mrs. M. R. Tidke, APP for the Respondent-State. Mr. Tushar N. Halwai, for the Original Complainant. Mr. Ashok Jadhav, PSI a/w I.O. Kanvade P.I. attached to Dongri Police Station. ______________________ CORAM : MADHAV J. JAMDAR, J. DATED : 29 SEPTEMBER 2026 P. C. :- 1. By this criminal application filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant has challenged the legality and validity of the order dated 4 February 2026 passed by the learned Judicial Magistrate (First Class), 70th Court, Mazgaon, Mumbai in application bearing cc no.70/misc/2026 (“impugned order”). The said application was filed seeking permission to travel abroad. Page 1 PPN PRACHI PRANESH NANDIWADEKAR Digitally signed by PRACHI PRANESH NANDIWADEKAR Date: 2026.10.01 14:21:17 +0530 915.APL-1540.26.DOC 2. The Applicant has earlier challenged the said order by filing Criminal Application No.809 of 2026 and the said application was allowed to be withdrawn subject to liberty granted to the Applicant as noted in paragraph no.5 of the said order dated 22 June 2026. Liberty has also been granted to file fresh application if charge- sheet is not filed within a period of four weeks. 3. Mr. Jain, learned counsel appearing for the Applicant states that more than 3 months have passed, however, charge-sheet has not been filed. 4. Learned APP appearing for the State and the learned counsel appearing for the Original Complainant state that meanwhile, the Investigating Officer was transferred and, therefore, there is delay in filing the charge-sheet. However, now the Investigating Officer has been appointed and investigation is going on. 5. Learned APP, on instructions, states that charge-sheet will be filed within a period of four weeks. Page 2 PPN 915.APL-1540.26.DOC 6. In view of the said statement made on instructions by the learned APP, learned Counsel appearing for the Applicant seeks withdrawal of the Application with liberty to file fresh Application, if the charge-sheet is not filed within a period of four weeks from today. 7. Accordingly, liberty is granted to the Applicant to file fresh Application challenging the impugned order dated 4 February 2026, if the chargesheet is not filed within a period of four weeks. 8. If chargesheet is filed within the aforementioned period, then the Applicant to file fresh Application before the learned Trial Court. 9. However, it is made clear that if after filing of charge-sheet, new application is filed before the learned JMFC then, the said application will be decided on its own merits and all contentions in that behalf are expressly kept open. In the facts and circumstances learned JMFC to pass order after hearing the First Informant . [MADHAV J. JAMDAR, J.] Page 3 PPN