Khatri Faisal Irfan v. State Of Maharashtra

INGLE/ksg 31-WP-6704-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 6704 OF 2025 Khatri Faisal Irfan ...

Petitioner.

V/s.

The State of Maharashtra ...

Respondent.

______________________ Mr. Sunny Punamiya i/b Mr. Dilip Shukla, for the Petitioner. Mr.Ajay S. Patil, A.P.P. for the Respondent- State. ______________________ CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ.

DATE :

11th DECEMBER 2025.

P.C.:- 1) By the present Petition under Article 226 of the Constitution of India, the Petitioner has impugned Order dated 12th August 2025, passed below Exhibit 11 in MPID Special Case No. 645 of 2025 by the learned Designated Judge under MPID Act.

2) The Constitution Bench of Hon'ble Supreme Court in the case of Naresh Shridhar Mirajkar & Ors. Vs. State of Maharashtra, reported in AIR 1967 SC 1, has held that such Petitions are not maintainable under Article 226 of the Constitution of India, impugning the judicial orders. 3) In view thereof, learned counsel for the Petitioner on instructions seeks leave to withdraw Petition with liberty to challenge the said Order dated 12th August, 2025, by adopting the remedy of Appeal as provided under the MPID Act.

1/2

INGLE/ksg 31-WP-6704-2025.doc 3.1.) Leave and liberty granted.

4) Disposed off as withdrawn with aforesaid liberty. 5) As far as prayer clause (b) is concerned, the Petitioner is at liberty to challenge the said Notification by filing a separate Petition, if so advised, and as may be permissible in law.

(RANJITSINHA RAJA BHONSALE, J.) (A.S. GADKARI, J.) KIRAN SANJAY GHUGE KIRAN SANJAY GHUGE Date: 2025.12.20 13:36:26 +0530 2/2