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1995 Supreme(Bom) 516

G.R.MAJITHIA
Lalookhan Haideralikhan – Appellant
Versus
M. M. Kamble, Special Executive Magistrate,Byculla Division, Bombay and others – Respondent


JUDGMENT - Majithia G.R., J.:— Rule. With the consent of the parties Counsel Rule made returnable forthwith. Learned Counsel for respondents Nos. 2 and 3 waives service. Learned Counsel for the petitioner submits that name of respondent No. 1 be deleted as no relief is claimed against him. His order passed in judicial capacity is under challenge. I order accordingly.

2. Challenge has been made to a show cause notice dated October 12, 1995 issued under section 111 of the Criminal Procedure Code, for short 'the Code', in this criminal writ petition.

3. The notice says that Special Executive Magistrate has received information from Senior Inspector of Police, Byculla Police Station that the petitioner armed with deadly weapons like hockeysticks is causing trouble to the peace loving citizens. In the report the following instances are cited.

“(i) Between 8-7-1992 to 10-9-1992 there was theft of teak wood worth Rs. 65,000/- from a godown situate at Sunderramdas Saw Mill Compound, Opposite Ray Road Station and the petitioner with knowledge that the said wood was stolen property, purchased it for his own benefit at lower rate. With respect to the said incident, Byculla Police Station has










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