1. This Application has been preferred by the applicant who received the show cause notice from the Asst. Police Commissioner under Section 59 of the Bombay Police Act with the following prayers:
"(a) To issue a writ or mandamus or writ or certiorari or any other writ, order or direction quashing and setting aside the notice dated 16.03.2012 passed by the Assistant Police Commissioner i.e. Respondent no.2, for not providing an opportunity to examine the witness to the petitioner dated in P.C.B. No. 9 of 2011 and direction may be given to the Assistant Police Commissioner i.e. Respondent No.2, to give an opportunity to the petitioner to examine the witness for his defense.
(b) Pending admission final hearing and disposal of this application to stay further proceedings of P.C.B. No.09 of 2011 pending before the Respondent No.2.
(c) To pass any other and further orders as may be deemed fit and proper."
2. It appears that this applicant had already preferred another Special Civil Application No.2463 of 2011 when competent authority had exercised the powers under Section-56 of the said Act challenging on identical ground. This Court (Coram: Anant S. Dave, J)disposed of the said Application vide order dated 25th January, 2012 and rejected the same on the ground of being prematured and misconceived. This Application is also required to be rejected on the very same grounds without giving any separate reasons.
3. In view of the above, this Applications stands rejected.
(MS SONIA GOKANI, J.) chandrashekhar* Top