RIYASAT SHAUKAT ALI SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a Petition under Article 226 of the Constitution of India and an application under Section 482 of the Code of Criminal Procedure, 1973 ("the Code"). The Petitioner impugns a show cause notice dated 20th June 2013 and a summons of the same date issued by the 2nd Respondent under Section 111 of the Code.

(2.) On 1st April 2013, for his involvement in an altercation at Dongri, a First Information Report No.49 of 2013 was registered against the Petitioner under Sections 324, 323, 504 and 34 of the Indian Penal Code, 1860. The Petitioner was arrested on the day of the incident and later that day was released on bail. Nearly three months later, on 20th June 2013, the 2nd Respondent issued the impugned show cause notice. It was served on the Petitioner on 24th June 2013. The show cause notice proceeds on the footing that the Petitioner is likely to breach the peace and disturb public tranquility; and that there is a likelihood of him committing cognizable offences and illegalities in future. In issuing the show cause notice, the 2nd Respondent supposedly relied on witness statements. On the basis of materials he is said to have considered, the 2nd Respondent initiated proceedings under Section 107 of the Code and ultimately, with the object of preventing the Petitioner from committing future illegalities, committing cognizable offences, and breaching public peace and tranquility, the 2nd Respondent called on the Petitioner to show cause why a bond of Rs.5000/- with one like surety should not be taken from him. The Petitioner was summoned to appear before the 2nd Respondent on 27th June 2013.

(3.) Ms. Ghosh, Learned Advocate for the Petitioners, framed her challenge on these grounds, viz.,