1 wp-2054-10.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2054 OF 2010 Shabbir G. Inamdar & ors. .... Petitioners vs The State of Maharashtra & anr. .... Respondents Mr. P.M. Pradhan i/by Mr.Shrishail Sakhare for the petitioners. Mr. A.S. Gadkar, APP for the State. CORAM: B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 27th July, 2010 P.C.: 1 We have heard Mr. Pradhan, the learned counsel for the petitioners and we have perused the show cause notice under Section 107 read with Section 111 of Cr.PC. By the said show cause notice, the petitioners were called upon to appear on 16.06.2010 before the Special Executive Magistrate, Division II, Solapur city. However, instead of appearing before the said Officer, this petition has been invoked on or about 1.7.2010 and the show cause notice has not yet been replied to or contested by causing personal appearance. 2 It would be appropriate for the petitioners to appear before the Special Executive Magistrate and contest the notice on the grounds which have been raised before us and in any case, if the final order is passed under Section 117 of 2 wp-2054-10.sxw Cr.PC, it could be challenged in a Criminal Revision Application before the Sessions Court. 3 Mr.Pradhan has taken us through a decision of this Court in the case of Vasantkumar Jivrambhai Majithia v. State of Maharashtra & anr., 2006 CRI. L.J. 1135 and we note that the said case is not applicable to the facts of this case and more particular at this stage. 4 Hence, the petition is rejected with liberty as is available in law. (ANOOP V. MOHTA, J.) ( B. H. MARLAPALLE, J.)