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2026 DAILYLAW 8170 (BOM)

SHAUKATALI KHUSHIYAL PATHAN v. STATE OF MAHARASHTRA AND ANR

WP/4287/2026 · 2026-09-11

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Judgment text

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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 1 of 2 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. ] 2 of 2 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.12 17:26:37 +0530