Jugal Chainsukh Loya vs State of Mah. at the Instance of Shir Mc. Pawar Food Safety Officer Food Drug Admin. Nagpur Another — Bombay HC (2025) — LawSathi Research

Jugal Chainsukh Loya vs State of Mah. at the Instance of Shir Mc. Pawar Food Safety Officer Food Drug Admin. Nagpur Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applications permitted to be withdrawn with liberty to file appropriate proceedings before the Sessions Court; interim relief granted on 10/12/2024 and 11/12/2024 ordered to continue for a further period of two weeks if such proceedings, with applications for condonation of delay and grant of stay, are filed within two weeks.

Issue for consideration

Whether the Criminal Applications (APL) Nos. 1722 and 1723 of 2024 may be permitted to be withdrawn with liberty to file appropriate proceedings before the Sessions Court. +3 more

Court's answer

In view of the fair statement made by the applicant's counsel that he would prefer revision before the Sessions Court, the applications are permitted to be withdrawn with liberty to file appropriate proceedings.

Ratio / Principle

If appropriate proceedings are filed before the Sessions Court within two weeks, along with applications for condonation of delay and grant of stay, the interim relief granted on 10/12/2024 and 11/12/2024 will continue for a further period of two weeks.

Key takeaways

Any stay application preferred by the applicant before the Sessions Court is to be decided on its own merit, without being influenced by the present order.ratio¶16
The question of limitation is to be considered by the Revisional Court, taking into account the fact of the pendency of the present applications before this Court.ratio¶16

Detailed headnote1 paragraphs

WITHDRAWAL PERMITTED WITH LIBERTY TO SEEK REVISION BEFORE SESSIONS COURT; INTERIM RELIEF CONTINUED CONDITIONALLY FOR TWO WEEKS - Bombay High Court, Nagpur Bench (Rajnish R. Vyas, J.), Criminal Application (APL) No.1722 of 2024 with Criminal Application (APL) No.1723 of 2024, applicant Jugal Chainsukh Loya v. The State of Maharashtra and Another, decided 24/09/2025. Counsel for the applicant fairly stated that he had a remedy of preferring revision before the Sessions Court and sought continuance of the interim relief already granted. The Court permitted the applications to be withdrawn with liberty to file appropriate proceedings, recording that the applicant would file proceedings before the Sessions Court within two weeks along with an application for condonation of delay and for grant of stay; upon such filing, the interim relief granted by the High Court on 10/12/2024 (in APL No.1722/2024) and 11/12/2024 (in APL No.1723/2024) was ordered to continue for a further period of two weeks. The Court further directed that any stay application before the Sessions Court be decided on its own merit without being influenced by this order, and that the question of limitation be considered by the Revisional Court in view of the pendency of these applications before the High Court. Applications accordingly disposed of.

2025:BHC-NAG:9780

1 909-APL-1722-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 1722 OF 2024 WITH CRIMINAL APPLICATION (APL) NO. 1723 OF 2024

JUGAL CHAINSUKH LOYA

Vrs.

THE STATE OF MAHARASHTRA AND ANOTHER

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

Shri Yash Maheshwari, Advocate for applicant. Ms. T.H. Khan, A. P. P. for Non-applicant No.1.

CORAM: RAJNISH R. VYAS, J. DATE : 24/09/2025.

At the outset, the counsel for applicant fairly

states that he has remedy of preferring the revision before the Sessions Court and therefore, if permission is granted, he would file appropriate proceedings before the Sessions Court. He has also requested that since this Court vide its order dated 10/12/2024 has granted interim relief in Criminal Application (APL) No.1722/2024 and on 11/12/2024 in Criminal Application (APL) No.1723/2024, same may be continued for a particular period.

2 909-APL-1722-2024.odt

Considering the fair statement made by the counsel for the applicant, the applications are permitted to be withdrawn with liberty to file appropriate proceedings.

The counsel for the applicant submits that he will file appropriate proceedings before the Sessions Court within two weeks from today along with an application for condonation of delay and for grant of stay. If the same are filed, then interim relief granted by this Court on 10/12/2024 and 11/12/2024 be continued for a further period of two weeks.

The stay application which may be preferred by the applicant before the Sessions Court be decided on its own merit without getting influenced by the present order. The question of limitation be considered by the Revisional Court, considering the fact of pendency of present applications before this Court.

Applications are accordingly disposed of.

[RAJNISH R. VYAS, J.]

Choulwar

Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 25/09/2025 19:38:36