1 wp3200.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 3200 of 2010 Mr. Krishnabihari @ Kishanbhaiya Baijnath Prasad ..Petitioner v/s. The State of Maharashtra ..Respondent Ms. Seema Gupta i/b. A.M. Saraogi – advocate for the petitioner. Mr. H.J. Dedhia – APP for the State. CORAM:- A.M.KHANWILKAR & A.P. BHANGALE, JJ DATED :- DECEMBER 16, 2010. P.C. This Petition challenges the show-cause notice issued by the Appropriate Authority in exercise of powers under Section 56(1)(a) and (b) of the Mumbai Police Act, 1951. The argument proceeds that the Petitioner has already been acquitted in relation to criminal cases in the past and the present show-cause notice is only to harass the Petitioner. We find no 2 wp3200.10.sxw substance in this argument as the show-cause notice refers to the recent case registered against the Petitioner being C.R. No. 95/2010. Besides the said case, it also refers to in-camera statements on which reliance is placed by the Authority. 2. In the circumstances, we fail to understand as to how the provisions of Section 56(1)(a) and (b) will not be applicable, if the case made out in the show-cause notice were to be acted upon. 3. In the circumstances, we dispose of this Petition with liberty to the Petitioner to contest the show-cause notice. We hope and trust that the Appropriate Authority will consider the argument of the Petitioner on its own merits in accordance with law. All questions in the said proceedings are left open to be decided uninfluenced by the observations made in this order. 4. Petition disposed of accordingly. (A.P.BHANGALE, J) (A.M.KHANWILKAR, J)