1 apl.712.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Criminal Application No. 712 of 2011 Saifullah Amanullah Khan ....Applicant v/s. New Panvel Police Station & ors. ....Respondents Mr. Jayesh Bhatt for the applicant. Mr. H.J. Dedhia-APP for the State. CORAM: B.R. GAVAI, J. 26th July, 2011 PC: Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. Inspite of various judgments of this Court by the Division Bench as well as Single Judge, again the respondents have sought to invoke the provisions of Section 107 of the Criminal Procedure Code for a pity offence. The perusal of the notice issued on 7th July, 2011 would reveal that the notice is basically based on incident dated 25th June, 2011 when there was a dispute between the applicant and the applicant’s brother on one side and one Ramroop Sadru on other side regarding the business transaction. 3. The bare perusal of Section 107 would reveal that the powers under Section 107 can be invoked only when there is a likelihood of a person against whom action is sought committing a breach of peace or disturbing the public tranquillity. The mere tussle between two individuals regarding the business transaction and that too in the four corners of the shop cannot be said to be of such a nature of committing breach of peace or disturbing the public 2 apl.712.11.sxw tranquillity. The order impugned, therefore, is patently in breach of Section 107. 4. The petition deserves to be allowed on the short ground in terms of prayer clause (a). (B.R. GAVAI, J)