LIYAKATH MOHAMEDALI DODIA Vs. SPECIAL EXECUTIVE

JUDGEMENT

(1.) HEARD learned Advocate for the petitioner and the learned Addl.Public Prosecutor.

(2.) THIS petition is filed seeking a writ of certioraris or any other appropriate writ order or direction quashing and setting aside the impugned show cause notice being Exh.'E' dtd. 7/10/95 issued by the Respondent No.1 hereto in Chapter Case No.8 of 1995 and Court Case No.102 of 1995 under the provisions of Section 111 of Cr.P.C. and to quash the proceedings in show cause notice dtd. 7/10/95 in Chapter Case No.8 of 1995 and Court Case No.102 of 1995 read with Sec. 482 of Criminal Procedure Code.

(3.) IT is the contention of the petitioner that the Respondent No.1 has clearly erred in appreciating the scope of section 107 of the Cr.P.C. which has to be invoked to prevent the commission of breach of peace or disturbance of public tranquility and not for redressal of personal grievance, and the learned Magistrate erred in invoking the provisions of Section 107 of Cr.P.C. merely on the basis of earlier complaint lodged against him as also on the so called report submitted by the Respondent No.2 on the basis of a complaint presumable lodged at the instance of other four Directors who are defendants in the Civil Suit filed by him and with whom there is dispute pending in the Civil Court at Surat. The petitioner also contended that the Respondent No.1 ought to have appreciated that unless and until all the material on the basis of which the aforesaid show cause notice was issued such as report of the Respondent no.2 the complaint on the basis of which the Respondent no.2 had prepared the report were supplied to him, would not be able to effectively deal with and/or reply to the aforesaid show case notice. He also contended that the complaint leading to the show cause notice discloses absolutely no substance and/or ingredients which are required for invoking the provisions of Section 107 Cr.P.C. and the initiation of action by Respon-dent No.1 and/or issuing the notice u/Sec.111 of Cr.P.C. is clearly without any jurisdiction whatsoever, and Respondent No.1 ought to have further appreciated that the petitioner is law abiding citizen and to redress his grievance he has filed civil suit in the court of Surat and that the said matter is hotly contested between the parties wherein certain orders are passed in favour of the petitioner and the said Mohamedeli (Plaintiff No.2 in the said Civil Suit). It is the contention of the petitioner that Respondent No.1 ought to have appreciated that to get out of the aforesaid orders passed in favour of the petitioner as also to pressures and corecie the petitioner from claiming their lawful rights in the said Company the aforesaid four persons have conspired to haras the petitioner and the said Mohemadali by initiating proceedings after proceedings. Petitioner also contended that the Respondent No.1 ought to have appreciated that if the criteria of a criminal complaint has to be applied then the criminal complaint is also filed against the aforesaid 4 Directors and that one of them was arrested by the Surat Police. That if the same criteria is applied, it can be said that even the said persons are likely to commit further offences if the same theory is applied in their case. It is the contention of the petitioner that the Respondent No.1 ought to have appreciated that there is not a single complaint till date from any of the workers of the said company which goes to show that there is absolutely no substance in the said complaint whatsoever. He also contended that the Respondent No.1 ought to have appreciated that the petitioner alongwith the said Mohamedali have intact 40% share in the said company and naturally interested in well being of the said company to earn profit therefrom. This being the case it is absurd even to suggest that the petitioner is allegedly terrorising the workers which would naturally lead to disturbance in functioning of the compa-ny. It is the contention of the petitioner that the aforesaid show cause notice is therefore clearly against the provisions of section 107 of Cr.P.C. and that no ingredients as mentioned in the said section which is mandatory for invoking the said provisions is even remotely mentioned in the said show cause notice rendering the entire proceedings bad in law and the same ought to be quashed and set aside.