1 MSS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 628 OF 2006 IN CRIMINAL APPEAL NO. 603 of 2005 WITH CRIMINAL APPLICATION NO. 3855 OF 2005 IN CRIMINAL APPEAL NO. 563 of 2005 MAHADEO S. GIDDE & ORS. .. APPLICANTS Vs. THE STATE OF MAHARASHTRA .. RESPONDENT None for applicant Mrs. M. M. Deshmukh, APP CORAM:SMT.RANJANA DESAI & DR. D.Y. CHANDRACHUD,JJ. DATE: 4/9/2008 P.C. . Learned counsel for the applicant is not present. Criminal applications are of the year 2005 and 2006. Hence it is not possible to adjourn them. Therefore, with the help of learned APP, we 2 have proceeded with the hearing. 2. The applicant has prayed that Notice under Section 107 of the Criminal Procedure Code ("Code" for convenience) issued against the present applicants dated 20/8/05 be quashed and set aside. The applicant has also prayed that higher investigation may be granted against the Investigating Officer, who has issued the notice under Section 107 of the Code. 3. Since the notice is under Section 107 of the Code is dated 20/8/05, in view of Section 116(6) of the Code chapter proceedings have stood terminated. Therefore, that prayer does not survive. So far as prayer (b) is concerned, that higher investigation be directed against Investigating Officer is concerned, barring a statement that the applicant belongs to police party and the complainant belongs to rival political party and hence is trying to create false evidence with the help of the investigating machinery, no allegations are made against the Investigating Agency. No particulars of the allegation are set out in the application. Hence that prayer also cannot be granted. 3 4. Criminal Application No. 628 of 2006 is, therefore, disposed of in the aforestated terms. 5. Criminal Application No. 3855 of 2005 is for bail. The applicants have been released on bail by this court by its order dated 1/7/05. Hence this application for bail has become infructuous and is disposed of as such. JUDGE JUDGE