FARHAN NASIR KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith. Respondents waive service. By consent, taken up for hearing and final disposal. These Writ Petitions invoke Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 (''the Code") to assail show cause notices and summonses dated 20th July 2013 issued to the Petitioners by the 2nd Respondent under Section 111 of the Code.

(2.) The impugned show cause notices and summonses appear to be based on allegations made in FIR No. 42 of 2013 dated 22nd March 2013 for offences under Sections 324, 506(2) and 34 of the Indian Penal Code, 1860. The show cause notice and summons impugned in Writ Petition 3052 of 2013 also rely on the allegations made in FIR No. 111 of 2011 dated 4th August 2011 for offences alleged to have been committed under Sections 324, 504, 506, 392, 384 and 34 of the Indian Penal Code and under Sections 3 and 25 of the Arms Act, 1959.

(3.) FIR No. 42 of 2013 relates to an incident of 22nd March 2013. The Petitioners claim to have been returning home on foot after a religious function at a dargah in Dongri. Construction was under way at a site along that road. Some stones and rubble are said to have fallen from the construction work on the higher floors. The original complainant--not a party to these Petitions--was hit on the head by some of this debris, as was a lady on a scooter. The Petitioners claim that their 'associate', one Mohsin, was at the site, as were others. The complainant demanded that a safe space be created around the construction site. There followed an altercation between Mohsin and the complainant and this soon degenerated into a brawl, with the Petitioners being accused of assaulting the complainant, one of them using an iron rod. The complainant filed a First Information Report, Cr No. 42 of 2013 with the Dongri Police Station against the Petitioners under Sections 324, 506(2) and 34 of the Indian Penal Code, 1860. The Petitioners were arrested and later released on bail, the Petitioner in Writ Petition 3052 of 2013 on 31st May 2013 and the Petitioner in Writ Petition No. 3053 of 2013 on 9th June 2013.