IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 557 OF 2008 CRIMINAL WRIT PETITION NO. 557 OF 2008 CRIMINAL WRIT PETITION NO. 557 OF 2008 1. Navnath Tukaram Kakade & 10 ors. ] .. Petitioners Versus State of Maharashtra ] .. Respondent Mr. S.C. Halli with S.P. Hulyalkar for the petitioners. Mrs. P.H. Kantharia, APP, for the respondent. CORAM: S.B. MHASE & SMT.V.K. TAHILRAMANI, JJ. DATED: 13TH MARCH, 2008 P.C. : 1. Heard learned counsel for the petitioners. 2. The petitioners have approached this court seeking direction that the chapter proceedings under section 110 of the Code of Criminal Procedure, 1973 be not initiated without following due process of law. 3. In fact, when the proceedings are initiated under section 110 of the Cr.P.C., the police and the Magistrate are supposed to follow the procedure as laid down under the law and for such directions, Writ Petition is not necessary. If the police and/or the : 2 : Magistrate commit any error, the petitioners will be entitled to the benefit of such error and, therefore, we refrain to entertain the petition. The Petition is hereby rejected. Sd/- Sd/- [SMT.V.K. TAHILRAMANI, J.] [SMT.V.K. TAHILRAMANI, J.] [SMT.V.K. TAHILRAMANI, J.] [S.B. MHASE, J.] [S.B. MHASE, J.] [S.B. MHASE, J.]