Majid Anwar Khan v. The State Of Maharashtra And ANR

13wp-1436-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1436 OF 2022 Majid Anwar Khan

...Petitioner

vs.

The State of Maharashtra

...Respondent

Ms. Anjali Patil a/w. Aashay Topiwala i/b. Abdeali Kothawala, for the Petitioner Ms. Anamika Malhotra, APP for the State.

VISHAL SUBHASH PAREKAR CORAM :

N. J. JAMADAR, J.

DATE :

MAY 06, 2022 VISHAL SUBHASH PAREKAR Date: 2022.05.06 17:46:40 +0530 P.C.:

1.

Heard the learned counsel for the petitioner and learned APP for the State.

2.

The petitioner has invoked the writ jurisdiction of this Court being aggrieved by a notice dated 25th March, 2022 issued by the Special Executive Magistrate and Assistant Commissioner of Police, Dongri, Mumbai, purportedly under section 122(1)(b) and 446 of the Code of Criminal Procedure, 1973.

3.

Since the challenge primarily appeared to be to a notice, the learned APP was directed to take instructions as to whether the said communication dated 25th March, 2022 is treated as a notice or a direction to deposit of Rs. 5 lakhs, which the tenor of the penultimate paragraph of the said communication apparently indicated.

Vishal Parekar ...1

13wp-1436-2022.doc 4.

Learned APP, on instructions of respondent No. 2, submits that the respondents treat the said communication dated 25th March, 2022 as a 'show cause notice' only.

5.

In view of the aforesaid statement, the petition stands disposed of.

(N. J. JAMADAR, J.) Vishal Parekar ...2