-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 322 OF 2009 Mir Mozam Ali : Petitioner v/s State of Maharashtra & ors. : Respondent Mr. S.N. Raj Advocate for Petitioner Raju M. Yamyar Advocate for respondent no.2 Y.M. Nakhawa APP Coram : A.S. Oka,J. Date : 16.4.2009 P.C. 1. Heard the learned counsel appearing for the petitioner. The petitioner has challenged order dated 2.1.2008 passed by the Special Executive Magistrate in chapter proceedings under the Code of Criminal Procedure, 1973. The grievance of the petitioner is that pursuant to show cause notice issued, even a reply was not filed by respondent no. 2 to 4, but the Special Executive Magistrate has dropped the proceedings. He submitted that the procedure followed by Special Executive Magistrate is completely illegal. He submitted that as the impugned order is completely illegal the same deserves to be quashed. 2. Apart from the fact that there is a serious doubt about locus of the petitioner to maintain this -2- petition, it must be stated here that the impugned order is passed on 2.1.2008 and present petition has been filed on 6.2.2009. Apart from this the perusal of the show cause notice shows that the same is based only on one FIR registered against concerned respondents for offence punishable u/s 354,506(2) read with section 34 of IPC. Even if reply is not filed to the show cause notice, that does not take away the power of the learned Magistrate to drop the proceedings. 3. Even on merits also, no case is made out for interference. Petition is accordingly dismissed. (A.S. Oka,J.)