EDWIN ALFRED MORAES Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Mr. K.V. Saste, learned APP, waives service on behalf of the respondents. By consent, rule made returnable forthwith and petition taken up for hearing and final disposal. The petitioner seeks an order under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 ("CrPC") to quash a show-cause notice dated 19th March 2013 issued by the 2nd Respondent, the Special Executive Magistrate, Andheri Division, Mumbai, purportedly under Section 111 of the CrPC, directing the Petitioner to furnish a bond of Rs. 5,000/- for good behaviour, and one solvent surety.

(2.) We have heard Mr. Khan, learned Advocate for the petitioner, and Mr. Saste, learned APP and have, with their assistance , carefully considered the petition and its annexures. The facts lie in a narrow compass. It seems that the Petitioner is one of the sons and constituted attorneys of one Alfres Anthony Moraes (since deceased; "Alfred"). During his lifetime, Alfred owned a property known as Alfred Moraes House at Marol, Andheri (East), Mumbai 400 059. This was a ground floor structure. Alfred let out a part of this house, comprising an area admeasuring about 110 square feet, to one Agapino Francis Fernandez ("Fernandez"). Fernandez died in February 2003. Alfred accepted his heirs as his tenants. The complainant, Mary Agapino Fernandez, claims to be in occupation of the tenanted premises as Fernandez's heir. This is disputed. There are litigations filed and pending in the Court of Small Causes between the complainant and the petitioner (and Alfred's other heirs) relating to these premises.

(3.) It is the Petitioner's case that relations between the two sides have been strained for some time. There are frequent disputes. The petitioner claims that the complainant abused him. In retaliation, the complainant, Mary Fernandez, filed a non-cognizable complaint No. 446 of 2003 with the local police station. It is pursuant to that Non-cognizable complaint that the 2nd Respondent issued the impugned show-cause notice, a copy of which is at Exhibit "A" to the Petition. This statement of facts may not be entirely accurate, for the show cause notice indicates that following Mary Fernandez's complaint to the police, the petitioner was arrested and later released on bail.