1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL WRIT PETITION NO.360 OF 2009 Balaji Jayawanta Mokampalle ..PETITIONER VERSUS The State of Mah. & ors. ..RESPONDENTS Mr P.B. Rakhunde, Advocate holding for Mr S.B. Bhapkar for the petitioner; Mr S.K. Kadam, APP for the respondent no.1. CORAM: P.V. HARDAS AND R.K.DESHPANDE, JJ. DATE : 11th JUNE, 2009. PER COURT : This petition under Article 226 of the Constitution of India prays for quashing of the impugned communication dated 27.1.2009 issued by the Chief Executive Officer, Zilla Parishad, Nanded directing the Block Development Officer, Panchayat Samiti, Kandhar to initiate criminal prosecution against the petitioner in respect of an offence punishable under section 420 and 509 of the Indian Penal Code. 2. The principal contention which is advanced before us by the learned Counsel for the petitioner is that 2 the facts involved in the present case do not prima facie make out an offence punishable either under section 420 or 509 of the Indian Penal Code. According to us this petition is wholly premature. The petitioner has alternate remedies available in law of questioning the the correctness of the initiation of the criminal prosecution in the event the said criminal prosecution is initiated. In the light of that, therefore, this petition is dismissed with liberty to the petitioner of availing such remedies as are available to the petitioner in law, if the petitioner so desires to avail. 3. Accordingly petition is dismissed summarily with no order as to costs. [ R.K. DESHPANDE, J ] [ P.V. HARDAS, J ] amj/criwp360.09 3