mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3103 OF 2009 Jagdish D. Indise & ors. ... Petitioners versus State of Maharashtra & Anr ... Respondents ... Ms.Falguni Bramhabhatt for petitioner Mr.A.S. Shitole APP for the State. CORAM : D.G. KARNIK, J. DATED : 2nd December 2009 P.C. 1. This writ petition is directed against the proclamation dated 31st October 2009 issued by the Learned JMFC, IInd Court Thane u/s.82 of the Code of Criminal Procedure. 2. Learned counsel for the petitioner submitted that no warrant was issued prior to the issuance of the proclamation and therefore, the issuance of the proclamation was bad-in-law. The order of proclamation was made on an application by the police made on 30th October 2009. In the application the police have recorded that since the commission of an offence on 13th October 2009, the petitioners were absconding. They were not found at their residential address situated within the jurisdiction of Vartak Nagar Police station, nor were they found inspite of search of possible other places viz. Mumbai, Thane, Rural and Jalgaon. The order of the Magistrate states that the warrant arrest was issued but the accused could not be found. Proclamation directs the applicant to appear before the learned Magistrate on 2nd December 2009 and to answer the complaint. In view of the clear statement in the proclamation that the warrant was returned unserved, in my view, the matter requires no interference in exercise of a writ jurisdiction. In any event, the petitioner can appear before the Magistrate on 2nd December 2009 as ordered by him and get the proclamation cancelled. 2. With this observations, writ petition is dismissed summarily. (D.G. KARNIK,J.)