Gia India Laboratory Pvt. Ltd. through Mr Fredy Hansotia vs State of Maharashtra and Anr. — Bombay HC (2026) — LawSathi Research

Gia India Laboratory Pvt. Ltd. through Mr Fredy Hansotia vs State of Maharashtra and Anr. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition permitted to be withdrawn with liberty to file a Criminal Revision Application under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the jurisdictional Sessions Court; if such application with a condonation-of-delay application is filed within two weeks, the condonation request is to be considered liberally; all contentions left open. No relief granted on the quashing prayers themselves.

Issue for consideration

Maintainability of the writ petition challenging the Metropolitan Magistrate's process-issuance order, in view of the State's preliminary objection that the impugned order is a revisable order requiring recourse to Revision; the objection was not adjudicated, as the Petition was withdrawn with leave and all contentions were left open.

Ratio / Principle

Leave is granted to withdraw the writ petition, with liberty to file a Criminal Revision Application under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the Sessions Court having jurisdiction; if such application, together with an application seeking condonation of delay, is filed within two weeks from the date of the order, the condonation request is to be considered liberally.

Key takeaways

Conditioned on the Criminal Revision Application and the condonation-of-delay application being filed within two weeks from today, the request for condoning the delay in filing the Revision Application is to be considered liberally by the Sessions Court.ratio¶25
All contentions of the parties, including the maintainability objection and the challenge to the process-issuance order, are left open; nothing on the merits is decided by this Court.ratio¶26

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), single judge — Ashwin D. Bhobe, J., 2nd February 2026. Gia India Laboratory Pvt. Ltd. v. State of Maharashtra, Writ Petition No. 382 of 2026: the Petitioner, facing a Metropolitan Magistrate (16th Court, Ballard Estate) order dated April 4, 2024 issuing process against it and its directors arising out of Complaint No. 3/SS/2024, sought certiorari to quash that order. On the State's preliminary objection that the order was revisable, the Petition was permitted to be withdrawn, with liberty to pursue a Criminal Revision Application under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the Sessions Court; any such application with a condonation-of-delay application filed within two weeks is to have the delay condoned liberally. All contentions were expressly left open; no merits were decided and no precedent was engaged with.

5-WP-382-2026.doc

Digitally signed GAYATRI by GAYATRIRAJENDRA RAJENDRASHIMPI SHIMPIDate:2026.02.03 19:57:29 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 382 OF 2026

Gia India Laboratory Pvt. Ltd. Through Mr. Fredy Hansotia … Petitioner V/s. The State of Maharashtra & Anr. … Respondents

Mr. Pranav Badeka, Senior Advocate a/w Mr. Dhiraj T., Mr. Akash Manwani & Ms. Isha Patil i/b AZB and Partners, Advocates for the Petitioner.

Mr. Tanveer Khan, APP for the Respondent No. 1 – State.

CORAM : ASHWIN D. BHOBE, J. DATE : 2^nd FEBRUARY, 2026.

P.C. :

By the present Petition, Petitioner has sought for the

following substantive relief in prayer clauses (A) & (C) :-

A. Issue a Writ of Certiorari or any other appropriate writ, order, or direction calling for the records and proceedings of the Impugned Complaint No. 3/SS/2024 filed before Hon'ble Metropolitan Magistrate, 16th Court at Ballard Estate to be produced before this Hon'ble Court;

C. Issue a Writ of Certiorari or any other appropriate writ, order, or direction to quash and set aside the Impugned Order dated April 4, 2024 passed by

1

Gayatri shimpi

5-WP-382-2026.doc

Hon'ble Metropolitan Magistrate, 16th Court, Ballard Estate, Mumbai, which directed issuance of process against the Petitioner and its directors;

Mr. Tanveer Khan, learned APP for the State raises preliminary objection to the maintainability of the present Petition on the ground that the impugned order is a revisable order. He submits that the Petitioner is required to be relegated to avail the remedy of Revision.

Mr. Pranav Badeka, Senior Advocate for the Petitioner on instructions from the Petitioner craves leave to withdraw the present Petition with liberty to file a Criminal Revision Application before the Sessions Court. He submits that such Revision Application will be filed within a period of two weeks from today. He submits that the Petitioner was bonafidely pursuing this proceedings, before this Court, as such he requests that the Sessions Court be directed to consider the request for condonation of delay in filling the proposed Revision, liberally.

Mr. Tanveer Khan, learned APP for the State does not object to the said request made by Senior Advocate Mr. Pranav

2

Gayatri shimpi

5-WP-382-2026.doc

Badeka.

In view of the above, leave granted to withdraw the present Petition with liberty to file Criminal Revision Application under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the Sessions Court having jurisdiction. If such Criminal Revision Application along with an Application seeking Condonation of delay is filed within a period of two weeks from today, then the request for condoning the delay in filing the Revision Application be considered liberally.

All contentions of the parties are left open.

(ASHWIN D. BHOBE, J.)

3

Gayatri shimpi