Ikhalaq Abdul Gaffar Dabawala v. State Of Maharashtra And ANR

7-APL-627-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.627 OF 2026 Ikhalaq Abdul Gaffar Dabawala ... Applicant Versus.

State Of Maharashtra And Anr ... Respondents ----- Mr. Satyavrat Joshi a/w Mr. Samay Pawar, and Ms. Indrayanee Pandit, Advocate for the Applicant.

Mr. Sukanta Karmakar, APP for Respondent No.1-State. -------

CORAM

: ASHWIN D. BHOBE, J.

DATED : 7th April 2026 P.C.:

1. Mr. Sukanta Karmakar, learned APP for the State, by referring to the order dated 24th February, 2025, passed by this Court in Criminal Writ Petition No. 4631 of 2021, raises a preliminary objection to the maintainability of the present Application on the ground that the Applicant is attempting to re-agitate issues already raised and considered by this Court in Criminal Writ Petition No. 4631 of 2021. He submits that the Applicant is precluded from challenging the FIR or the chargesheet in the exercise of jurisdiction under Section 528 of the BNSS. He submits that the Petitioner had two options in terms of the order dated 24th February, 2025. The first option was to file a revision Sharada

7-APL-627-2026.doc before the Sessions Court against the order taking cognizance or the second option was to seek discharge before the Trial Court.

2. Faced with the said objection, Mr. Satyavrat Joshi requests time till 15.04.2026. At his request and by consent of the parties, list this Application on 15.04.2026 under the caption for "Part Heard."

( ASHWIN D. BHOBE, J.) Digitally signed by SHARADA RANGNATH WAHULE Date:

2026.04.15 11:58:35 +0530 SHARADA RANGNATH WAHULE Sharada