:1: 1508.11.wp ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1508 OF 2011 Mr. Shahnawaz Faiz Mohammed Khan ..Petitioner Vs. The State of Maharashtra and Anr ..Respondents Mr. Rishi Bhuta,for Petitioner. Mr. J. P. Kharge,APP for Respondent State. CORAM :- SMT. R. P. SONDURBALDOTA, J DATE :- NOVEMBER 21, 2011 P.C. Rule. Rule made returnable forthwith. 2 By consent of the parties, the Petition is taken up for final hearing immediately. Heard the Counsel. 3 The Petitioner seeks quashing of Chapter Case No. 6 of 2011 pending on the file of Special Executive Magistrate, Kurla Division and the show cause notice dated 15th January, 2011, issued under Section 110(d) (g) of the Criminal Procedure Code. The notice refers to three complaints against the Petitioner. The first complaint is of the year 1993 registered with Gavdevi Police Station vide C.R. No.753 of 1993 for the offence punishable under Sections 307, 436, 120(B) of the Cr. P. C. and Sections 3 and 4 of Indian Explosive Act and R. C. No. 1(s) 1993 dated 19th November, 1993. The petitioner was arrested in that case on :2: 1508.11.wp 2nd September, 1993 and has since been convicted. Presently the Appeal preferred by the Petitioner is pending in the Apex Court and he has been released on bail. The second complaint is registered with Kurla Police Station vide C. R. No. 234 of 2007 for the offence punishable under Sections 324, 504,506 of the Indian Penal Code. The Petitioner was tried for offence and acquitted of the charges against him. The third complaint against the Petitioner is the complaint registered as N. C. No. 83 of 2011 for the offences punishable under Sections 504 and 506 of the I.P.C. filed by his cousin brother over the dispute regarding redevelopment of the chawl in which both are residing. 4 A bare perusal of the show cause notice is sufficient to indicate that there is no material whatsoever against the Petitioner for taking preventive action under Section 110(b) and (g) of the Criminal Procedure Code. There are no allegations that the petitioner habitually commits or attempts to commit or abates commission of serious offences referred to in clause (d) or that there is any material to show that he is so desperate and dangerous that he being at large would be hazardous to the community. Hence rule is made absolute. Petition is allowed. The impugned show cause notice dated 15th January, 2011 and Chapter Case No. 6 of 2011 are hereby quashed and set aside. ( SMT.R. P. SONDURBALDOTA,J .)