ASLAM ALAMGIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner is facing the proceedings under Sec. 107 of Cr.P.C. initiated by Respondents vide Notice and Order dtd. 1/2/2023 under Sec. 111 of Cr.P.C. for invoking action under Sec. 107 of Cr.P.C. The show cause notice dtd. 1/2/2023 indicated that non-cognizable Complaint No.2792 of 2022 was registered against the Petitioner on 16 th November, 2022 and non-cognizable Complaint No.2329 of 2022 was recorded on 20/9/2022. The notice also refers to First Information Report (for short 'FIR') registered with Dindoshi Police Station vide C.R. No.237 of 2021 for offences under Ss. 326, 354, 506(2), 109 and 34 of Indian Penal Code (for short 'IPC').

(2.) Pursuant to issuance of the said notice, the Petitioner had appeared before the Special Executive Magistrate for the purpose of enquiry. The proceedings had commenced. Statements of witnesses were recorded. Since the proceedings could not be concluded within a period of six months the Special Executive Magistrate vide Order dtd. 18/8/2023 extended the time to conclude the proceedings by three months.

(3.) The Petitioner had preferred Criminal Writ Petition No.2798 of 2023 before this Court with grievance that there was no separate Order passed under Sec. 111 of Cr.P.C. and vague Order dtd. 1/2/2023 without mentioning the substance of allegations was served upon him. Vide Order dtd. 25/8/2023 impugned proceedings were stayed. The said Petition was disposed off vide Order dtd. 30/10/2023 by permitting the Petitioner to withdraw the said Petition, with liberty to challenge the adverse Order, if any, passed in the proceedings after he participated in said chapter case proceedings.