IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 266 OF 2009 Arun Shripati Bhalerao ...Petitioner Versus State of Maharashtra & Ors. ...Respondents. Mr. A.V. Anturkar i/by Mr. Sugandh B. Deshmukh for the Petitioner Mrs. A.S. Pai, Additional Public Prosecutor, for the State. CORAM: B ILAL NAZKI and ANOOP V. MOHTA, JJ. DATE: FEBRUARY 9, 2009 P.C.:- The petitioner challenges the letter dated 24th January, 2009 written by the Deputy Commissioner of Police, in which the petitioner has been asked to appear before him consequent to an inquiry conducted by the Assistant Commissioner of Police, Pune. The petitioner has been asked to show cause as to why an order under Section 56(b) of the Bombay Police Act, 1951 be not passed against him. 2. The main contention of the petitioner was that the Assistant Commissioner of Police has not completed the inquiry, and the impugned letter was a result of a mala fide exercise of power in which respondent No. 5 was also involved. 3. The learned Additional Public Prosecutor, on instructions, submits that the inquiry was completed by the Assistant Commissioner of Police, who gave clear chances to the petitioner to appear and put forth his case, but, despite giving him three opportunities, the petitioner did not do so. Therefore, a report was sent by the police on 21st January, 2009 to the Deputy Commissioner of Police, who issued the consequent notice. 4. In this view of the matter, we do not think that any interference is called for. If the petitioner had been asked to appear on 2nd February, 2009 – and we are told that the case is adjourned to 12th February, 2009 – the petitioner may appear on 12th February, 2009, and put forth his case before the Deputy Commissioner of Police. If the petitioner puts forth his case before him, the Deputy Commissioner of Police shall pass an order on merits, after taking into consideration the contentions raised by the petitioner, if any. Writ Petition is disposed of. BILAL NAZKI, J. ANOOP V. MOHTA, J.