DINESH VITTHAL PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival submissions on earlier dates. Perused the documents annexed to the Writ Petition. Also perused the contents of the affidavit filed by Police Inspector & Special Executive Magistrate, Nashik (Rural) dated 6th January, 2011. Earlier, after issue of Rule on 18th January, 2011 by this Bench, the further proceedings pending before the Special Executive Magistrate, Nashik (Rural), were stayed and Writ Petition was posted for final hearing.

(2.) The Petitioners are challenging the notices issued to them under Sections 110(e)(g) & 111 of Criminal Procedure Code. Both the notices were issued on 6th September, 2010. Copies of said notices, which are in vernacular Marathi, are attached to the present Writ Petition at Page Nos.10 & 12.

(3.) Rather under peculiar circumstances recourse to the writ jurisdiction was taken shelter of by the Petitioners for challenging the show cause notices issued under the chapter proceedings, by contending that the Petitioners are social workers and carrying out lawful agitations to sub serve the public cause in the area of their residence at Malegaon, District Nashik, being the members of some political party; and out of political vengeance and in order to harass the Petitioners recourse to the action of chapter proceedings was taken by the police machinery and for this purpose the shelter of stale proceedings and even the proceedings in which the petitioners were acquitted, was taken.