1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 890 OF 2008 Reza Ali Gulam Husain Dashti. ...... Petitioner. Versus The Spl.Executive Magistrate & Asstt.Police Commissioner & Ors. ...... Respondents. Mr. R. Y. Mirza for the Petitioner. Mr. D. S. Mhaispurkar, Addl.P.P. for the Respondents. CORAM: BILAL NAZKI and V. M. KANADE, JJ. DATED : 28TH APRIL, 2008. P. C.: A show cause notice has been issued to the petitioner as to why he be not bound by Section 107 of the Criminal Procedure Code. Some instances have been mentioned in the show cause notice which are disputed by the petitioner. The pleas he is raising before this Court for quashing show cause notice can also be raised before the learned Magistrate as the Magistrate has yet to pass any order. Therefore, the writ petition itself is premature and not maintainable. 2. The writ petition is, accordingly, dismissed. However, the petitioner is at liberty to take any plea, available to him in law, before the Magistrate 2 concerned in reply to the show cause notice issued to him. The petitioner is given one week time from today to file his objection to the show cause notice. Sd/- (BILAL NAZKI, J.) Sd/- (V. M. KANADE, J.)