Ayaz Ahmad Neyaz Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4448 OF 2025 IN CRIMINAL APPLICATION NO. 885 OF 2025 Ayaz Ahmad Neyaz Shaikh ) Age : 33 Years Occ. Business, ) 985/3, Samru Bagh, Dargha Road, ) Gauri Pada, Naya Bombay Supari, ) & General Stores, Bhiwandi, Thane.

) ...Applicant V/s.

The State of Maharashtra ) Through Kamothe Police Station, ) Served Through Public Prosecutor, ) ...Respondent ----- Mr. Tushar Sonawane for the Applicant Ms. Gauri S. Rao, Addl. P. P. for the Respondent-State Pratapsinh Chavan, PSI., Kamothe Police Station, Navi Mumbai. ----- CORAM :

REVATI MOHITE DERE & SANDESH D. PATIL, JJ.

DATE : 4 th DECEMBER, 2025.

1/3

P. C. :

1.

By the aforesaid Application, the Applicant seeks recall of the order dated 18.11.2025 passed by this Court in Criminal Application No. 885 of 2025.

2.

The premise on which the recall is sought is that the statement made by the learned Addl. P. P. that, chargesheet was filed against the Applicant was incorrect. Learned Counsel for the Applicant states that in view of the statement made by the learned Addl. P. P., he withdrew the aforesaid application with liberty to file a fresh application seeking to challenge not only the F.I.R. but also the chargesheet and cognizance, if any, taken in the said case. He submits that chargesheet has been filed against other accused and not against the Applicant.

3.

Learned Addl. P. P. does not dispute the aforesaid. 2/3

4.

In view of the aforesaid, the order dated 18.11.2025 is recalled and Criminal Application No. 885 of 2025 is restored back to its original file.

5.

The aforesaid Interim Application is disposed of. 6.

List the Criminal Application No. 885 of 2025 under the caption "for fresh admission" on 15th December, 2025. (SANDESH D. PATIL, J.) (REVATI MOHITE DERE, J.) 3/3