1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL WRIT PETITION NO. 915 OF 2009 Dattu s/o Ganpat Wadekar ..Petitioner VERSUS The State of Maharashtra & anr. ..Respondents ..... Shri V.D.Kadam, advocate for the petitioner Shri B.J.Sonwane, A.P.P. for the respondents ..... W I T H CRIMINAL WRIT PETITION NO. 916 OF 2009 Mahesh s/o Shaharam Waman ..Petitioner VERSUS The State of Maharashtra & anr. ..Respondents ..... Shri V.D.Kadam, advocate for the petitioner Shri S.D.Kaldate, A.P.P. for the respondents ..... 2 CORAM : NARESH H. PATIL AND SHRIHARI P.DAVARE, JJ. DATED : 1st October, 2009 PER COURT : 1 Rule. Rule returnable forthwith. With the consent of the parties, the petition is taken up for hearing. 2 We have perused the judgment reported in 2001 (4) Mh.L.J. 601 in the case of Surendra Ramchandra Taori vs State of Maharashtra, referring to the provisions of Sections 107 to 111 of the Criminal Procedure Code (Coram : J.N.Patel and P.V.Hardas, JJ.). The learned A.P.P. may forward a copy of the judgment of this court to the Superintendent of Police for its circulation to the concerned officers. 3 The petitioner challenges an order/show cause notice issued under Section 111 of the Code of Criminal Procedure. After going through the impugned order, we are not satisfied with the manner in which it is issued and the conditions stipulated in the same. The authority concerned ought to have appreciated the import and indication of the provisions of law and after following the procedure as anticipated in law ought to have taken steps, if 3 the authority was satisfied to initiate action under Section 111 of the Code of Criminal Procedure. 4 On this ground alone, we find that the impugned show cause notice/order deserves to be quashed and set aside. The same is accordingly set aside. 5 The competent authorities are entitled to initiate proceedings under Section 111 of the Code of Criminal Procedure strictly in accordance with law, if they so desire. This court has not expressed any opinion on the merits of the matter or the material, which, in case is available with the authorities concerned. 6 Rule is made absolute accordingly in the above terms. (SHRIHARI P. DAVARE, J.) (NARESH H. PATIL, J.) dbm/crwp915.09