Disposed
Mohammed Shahrukh Mukhtar Ahmed Hadi v. R.K. Bhoi and Ors.
Bombay HCWP/348/2005
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THE HIGH COURT OF JUDICATURE OF BOMBAY…
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETN. NO.348 OF 2005
Mohd.Shahrukh Mukhtar Ahmed Hadi ... Petitioner
versus
Mr. P.K. Bhoi and others ... Respondents
Mr.Khan Abdul Wahab, for the Petitioners.
Mr.A.S. Gadkari, A.P.P., for the Respondent
State.
CORAM : A.M.KHANWILKAR,J.
15th April 2005
P.C.:
. The Petitioner has rushed to this Court
against the show cause notice issued by the
Nirmal Nagar Police Station in proposed Chapter
Proposal No.9/2005, C.C.No.9/2005, issued on 20th
January 2005 by the Respondent No.1. The
argument that the proposed action is not
available against the Petitioner can be canvassed
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before the competent authority. In the
circumstances, this petition deserves to be
disposed of with liberty to the Petitioner to
pursue his remedy before the competent authority
leaving all questions open.
. Counsel for the Petitioner, however,
submits that the authority has insisted that the
Petitioner should first execute bond before the
inquiry is proceeded further. This apprehension
is misplaced. The question of executing bond
arises only after final order was to be passed by
the competent authority against the Petitioner.
Presently, the matter is only at show cause
notice stage.
. Accordingly, this petition is disposed of
with liberty as aforesaid. The Petitioner to
file explanation to the show cause notice, if
any, within two weeks from today and on such
response being filed, the competent authority
will consider the same on its own merits in
accordance with law. The procedings be decided
expeditiously.
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(A.M.KHANWILKAR,J.)
Mohd.Shahrukh Mukhtar Ahmed Hadi
Mr.P.K. Bhoi and others
A.M.KHANWILKAR
As recorded by the court registry
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