SANDEEP SHIVAJI MHATRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, the petitions are taken up for final hearing. Since the issue involved in these Writ Petitions is common, the same is being disposed of by common order.

(2.) The petitioners herein challenge the Notices under Section 111 of the Criminal Procedure Code, dated 05.03.2014 and the order dated 25.03.2014 issued by the Special Executive Magistrate, Agripada Division, Mumbai for initiation of Chapter proceedings under Section 107 of the Cr.P.C.

(3.) The brief facts relevant to decide the controversy are that the Special Executive Magistrate had issued Notices, dated 05.03.2014 for initiating chapter proceedings against the petitioners. The Notices refer to C.R. No.250 of 2013 under Section 324, 323, 403 r/w Section 34 of the IPC registered against the petitioners with Byculla Police Station. The Notices proceed on the footing that the petitioners are likely to repeat such offence and cause disturbance to the public peace and tranquility. The petitioners were, therefore, called upon to show cause as to why they should not be ordered to execute bonds of Rs.1,000/ with three sureties in the like amount, for keeping the peace for a period of one year. The petitioners filed their reply wherein they refuted the allegations levelled against them and prayed for dropping of the proceedings. Vide order dated 25.03.2014, the Special Executive Magistrate rejected the prayer made by the petitioners to drop the proceedings. Aggrieved by the said order, the petitioners have filed the present petitions under Article 226 of the Constitution of India r/w Section 482 of the Cr.P.C. challenging validity and legality of the impugned notice and order therein.