... 1 ... IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1290 OF 2005 WRIT PETITION NO.1290 OF 2005 WRIT PETITION NO.1290 OF 2005 ........................................................... OFFICE NOTES, OFFICE MEMORANDUM OF CORAM, APPEARANCES, COURT’S COURT’S OR JUDGES ORDERS OR DIRECTIONS ORDERS AND REGISTRAR’S ORDERS ........................................................... Shri Rajaram V. Bansode for the Petitioner. Mrs P.H.Kantharia, A.P.P. for the State. CORAM CORAM CORAM : A. S. OKA, J. : A. S. OKA, J. : A. S. OKA, J. DATE DATE DATE : SEPTEMBER 20, 2006. : SEPTEMBER 20, 2006. : SEPTEMBER 20, 2006. P.C.: P.C.: P.C.: 1. Heard the learned Advocate for the Petitioner. By this Petition under Article 227 of the Constitution of India and section 482 of the Code of Criminal Procedure, 1973, the Petitioner has taken exception to order dated 08th January, 2004 passed by the learned Judicial Magistrate, First Class, Mahad. The said order has been passed under the provisions of section 125 of said Code. The statutory remedy under the said Code is not availed of by the Petitioner. Only on this ground Writ Petition is not entertained and the same is rejected. Notwithstanding the rejection of the Petition, it will be open for the Petitioner to adopt the ... 2 ... appropriate remedy in accordance with law for the purposes of challenging the order impugned in this Petition. 2. All questions on merits are kept open. The amount which is deposited in this Court which will be transmitted to the court of the learned Magistrate. The said amount will not be allowed to be withdrawn by the first Respondent for a period of four weeks from today. JUDGE JUDGE JUDGE