1 APPLN 4424/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4424 OF 2010 Hussain Rehman Shaikh and others .....Applicants. V/s The Inspector of Police and another ..... Respondents. Mr. M.S. Mohite for the applicants. Mrs. V.R. Bhosale, APP for the State. CORAM: V.M. KANADE, J. DATE : 16th November, 2010 P.C:- 1. This criminal application has been filed challenging the notice issued by the learned Magistrate on the application filed by the Investigating Officer under section 105-C(1) of the Criminal Procedure Code. 2. It is submitted by the learned Counsel appearing on behalf of the applicants that these proceedings should not have been initiated under the provisions of section 105-C(1) since the object of initiation of such proceedings is on account of contract between the Government of India and Government of UK of Northern Ireland. 2 APPLN 4424/10 3. On the other hand, affidavit in reply has been filed by the Inspector attached to E.O.W., Unit-II Crime Branch, Mumbai in which it is stated that the matter is kept for further hearing before the Chief Metropolitan Magistrate, 19th Court, Esplande, Mumbai on 02/12/2010 and, therefore, the present application has been filed prematurely. 4. In my view, there is some substance in the submission made by the learned APP appearing on behalf of the State Since only notice has been issued by the learned Magistrate, it is always open for the applicants to raise contentions which they have raised in this application before the learned Magistrate. The learned Magistrate may consider the reply filed by the applicants on merits and in accordance with law and give suitable time to them to approach the higher court if any adverse order is passed. 5. Application, in my view, is premature and, therefore, at this stage, it cannot be entertained. Application is accordingly dismissed. However all the questions raised in this application are kept open. V.M. KANADE, J.