1 wp-703-2011 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 703 OF 2011 Kenneth Rocky D’Cruz & ors. ...Petitioners Versus The State of Maharashtra & ors. ...Respondents Mr.S.V.Marwadi i/b. Mrs.Mallika Ingale for petitioners. Ms.M.H.Mhatre, APP for State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. June 27, 2011. P.C. 1. Heard Mr.Marwadi, the learned counsel for the petitioners. The petitioners seek to challenge the show cause notice issued in Chapter Case No.32 of 2010 by the Special Executive Magistrate, D.N.Nagar Region, Mumbai, by invoking the powers of this Court under Section 482 of Cr.P.C. read with Article 226 of the Constitution. Affidavit in reply has 2 wp-703-2011 been filed by Shri Arun Govind Shinde, Assistant Commissioner of Police, D.N.Nagar Division, Mumbai and authority issuing the show cause notice on 3/11/2010. The show cause notice has been issued under Section 107 of Cr.P.C. calling upon the petitioners as to why they should not be asked to furnish bond in the sum of Rs.5000/- with two sureties so as to bind them to maintain peace and good behavior for one year in the neighbouring locality. Admittedly the final order under Section 111 of Cr.P.C. has not yet been passed though on 15/4/2011 one witness viz. Tajbano Khan was examined and the next date for recording evidence was 21/4/2011. On 2/5/2011 this Court, by way of ad interim order, stayed the proceedings before the Special Executive Magistrate. It is under these circumstances that we have to consider this petition. 2. Mr.Marwadi, the learned counsel for the petitioners relied upon a decision of this Court in the case of Vasantkumar Jivrambhai Majithia Vs. State of Maharashtra [2006 Cri.L.J. 1135] in support of his contentions that the issuance of show cause notice is an abuse of the process of law, there was no material to support the show cause notice and there is no application of mind, before issuing the show cause notice, to the material, if any, available against the petitioners. 3 wp-703-2011 3. The fact remains that as of now the proceedings could not be culminated in a final order and it would be appropriate that the petitioners file their reply to the show cause notices taking all the grounds that they have taken in this petition and undoubtedly after hearing the petitioners the Special Executive Magistrate will have to pass a reasoned order. As of now we are not inclined to show our indulgence and it would be appropriate that the petitioners are relegated to the remedy before the Special Executive Magistrate to file their reply and place all the grounds to challenge the show cause notice. 4. We direct that the Special Executive Magistrate will hear the petitioners and also grant an opportunity to cross-examine the witnesses or to examine their witnesses after the petitioners file their reply to the show cause notices, which shall be done within three weeks from today. We direct the Special Executive Magistrate to hear the proceedings as expeditiously as possible and in any case before 30th September 2011. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)