[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.4474 OF 2008 Hussaini Chitawala and Ors. ..Applicants Vs. State of Maharashtra ..Respondent ... Mrs.Reshma Gagwani, Adv. for Mr.Ganesh Gole Adv. for Applicants Mr.A.S.Shitole, APP, for the State. ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : DECEMBER 19, 2008 DATE : DECEMBER 19, 2008 DATE : DECEMBER 19, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. The applicants have challenged the show cause notice issued by the learned Special Executive Magistrate Girgaum Division, Mumbai against them in proceedings under Section 107 of Cr.P.C. which relates to Case No.32 of 2008. 3. It is seen that only show cause notice has been issued against the applicants, hence, I am not inclined to quash the same as it would be open to [-2-] the applicants to reply to the said show cause notice. It is very much possible that on considering reply to show-cause notice, the chapter proceedings may be dropped. Hence, it is too premature to interfere at this stage. It would also be open to them to examine witnesses or produce any documents. After considering the same, if the learned Special Executive Magistrate is of the opinion that it is necessary to call upon the applicants to furnish interim bond or final bond, then in that event, four days time be given to the applicants to comply with the terms of the bond including furnishing surety. At this stage, learned advocate for the petitioner states that in view of the vacation, time period of four days be extended to eight days. In view of the prayer, period of four days is extended to eight days. 4. Application is disposed of with above directions. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [-3-] witnesses or produce any documents. After considering the same, if the learned Special Executive Magistrate is of the opinion that it is necessary to call upon the applicants to furnish interim bond or final bond, then in that event, eight days time be given to the applicants to comply with the terms of the bond including furnishing surety. 4. Application is disposed of with above directions. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [-4-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.4463 OF 2008 Shamoil Bracketwala and Ors. ..Applicants Vs. State of Maharashtra ..Respondent ... Mrs.Reshma Gagwani, Adv. for Mr.Ganesh Gole Adv. for Applicants Mr.V.B.Konde-Deshmukh, APP, for the State. ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : DECEMBER 19, 2008 DATE : DECEMBER 19, 2008 DATE : DECEMBER 19, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. The applicants have challenged the show cause notice issued by the learned Special Executive Magistrate Girgaum Division, Mumbai against them in proceedings under Section 107 of Cr.P.C. which relates to Case No.32 of 2008. 3. It is seen that only show cause notice has been issued against the applicants, hence, I am not [-5-] inclined to quash the same as it would be open to the applicants to reply to the said show cause notice. It is very much possible that on considering reply to show-cause notice, the chapter proceedings may be dropped. Hence, it is too premature to interfere at this stage. It would also be open to them to examine witnesses or produce any documents. After considering the same, if the learned Special Executive Magistrate is of the opinion that it is necessary to call upon the applicants to furnish interim bond or final bond, then in that event, four days time be given to the applicants to comply with the terms of the bond including furnishing surety. At this stage, learned advocate for the petitioner states that in view of the vacation, time period of four days be extended to eight days. In view of the prayer, period of four days is extended to eight days. 4. Application is disposed of with above [-6-] directions. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]