(A.R. JOSHI, J.)

1. Heard rival submissions on earlier dates. Perused the documents annexed to the Writ Petition. Also perused the contents of the affidavit filed by Police Inspector & Special Executive Magistrate, Nashik (Rural) dated 6th January, 2011. Earlier, after issue of Rule on 18th January, 2011 by this Bench, the further proceedings pending before the Special Executive Magistrate, Nashik (Rural), were stayed and Writ Petition was posted for final hearing.

2. The Petitioners are challenging the notices issued to them under Sections 110(e)(g) & 111 of Criminal Procedure Code. Both the notices were issued on 6th September, 2010. Copies of said notices, which are in vernacular Marathi, are attached to the present Writ Petition at Page Nos.10 & 12.

3. Rather under peculiar circumstances recourse to the writ jurisdiction was taken shelter of by the Petitioners for challenging the show-cause notices issued under the chapter proceedings, by contending that the Petitioners are social workers and carrying out lawful agitations to sub-serve the public cause in the area of their residence at Malegaon, District Nashik, being the members of some political party; and out of political vengeance and in order to harass the Petitioners recourse to the action of chapter proceedings was taken by the police machinery and for this purpose the shelter of stale proceedings and even the proceedings in which the petitioners were acquitted, was taken.

4. The grounds for issuance of notices under Section 110(e)(g) read with Section 111 of Criminal Procedure Code can be narrated as under:-Somewhere on 6th September, 2010 an application from Killa Police Station, Malegaon, District Nashik was received by the Special Executive Magistrate, Nashik (Rural), stationed at Nashik, for initiating chapter proceedings against the present Petitioners. Involvement of the Petitioners in various proceedings / offences was specifically mentioned in the respective show-cause notices. Details of such offences are as under:-

OFFENCES REGISTERED AGAINST BHARAT VITTHAL PATIL (PETITIONER NO.2) Sr. No. C.R. NO. ACT UNDER SECTION REMARKS

1. 26/2006 Indian Penal Code, 1860 143, 147, 511 The Maharashtra Prevention of Defacement of Property Act, 199 Mumbai Police Act 37(1)(3)/135

2. 3016/2007 Spl. (Atrocity) Case No.3/08 dt.26/8/08 Prevention to Atrocities to SC & ST Act,

1989/1995 3(2)(10) Acquitted Indian Penal Code, 1860 504, 506

3. 18/2008 RCC/404/08 Dt.30/10/09 Indian Penal Code, 1860 143, 147, 148, 149, 452, 353, 332, 427, 504, 506 Acquitted Mumbai Police Act. 37(1)(3)/135

4. 19/2008 RCC/427/08 Dt.17/7/09

Indian Penal Code 1860 143, 147, 341, 504, 506 Acquitted Mumbai Police Act 37(1)(3)/135

5. 12/2010 Indian Penal Code 153(1)(B)

OFFENCES REGISTERED AGAINST DINESH VITTHAL PATIL (PETITIONER NO.1)

Sr.

No.

C.R. NO. ACT UNDER SECTION REMARKS

1.1. 54/1996 RCC/251/96

Dt.21/7/09

Indian Penal Code,

1860

325, 324, 323,

341, 34

Acquitted

2.2. 3004/2005 Mumbai Police Act 37(1)(3)/135

3.3. 26/2006 Indian Penal Code,

143, 147, 511 The Maharashtra Prevention of Defacement of Property Act, 1995

Mumbai Police Act 37(1)(3)/135

1.4. 18/2008 RCC/404/08 Dt.30/10/09 Indian Penal Code 1860 143, 147, 148, 149, 452, 353, 332, 427, 504, 506 Acquitted Mumbai Police Act 37(1)(3)/135

2.5. 19/2008

RCC/427/08

Dt.17/7/09

Indian Penal Code,

1860

143, 147, 341,

504, 506

Acquitted

Mumbai Police Act 37(1)(3)/135

5. So far as the offences against Petitioner No.1 Dinesh Vitthal Patil are concerned, the offence at Sr.No.1 mentioned above, is old matter of the year 1996 and in fact it ended in acquittal. So also, the matters at Sr.Nos.4 & 5 are also ended in acquittal. The matters at Sr.Nos.2 & 3 are of the year 2005 & 2006 and the offences at Sr.No.2 are only under the Mumbai Police Act, and the offences at Sr.No.3 are of unlawful assembly, attempting to commit the offences, under the Mumbai Police Act, and under Section 3 of the Maharashtra Prevention of Defacement of the Prope