wp11290.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 11290 OF 2010 M/s R. Kantilal and Co. & another .. PETITIONERS VERSUS The State of Maharashtra & others .. RESPONDENTS Mr. Anand Chawre, advocate for the petitioners Mrs. A.V. Gondhalekar, AGP for the State. ===== CORAM : B.R. GAVAI & R.M. BORDE, JJ. DATE : 14 th DECEMBER, 2010. PER COURT : 1 From perusal of the prayer clause it would reveal that the petitioner has infact challenged the order passed by the learned Chief Judicial Magistrate, Dhule. 2 Learned counsel for the petitioner submits that as the order so passed emanates from the powers which are invoked by the income tax authorities under the provisions of Income Tax Act, the petition would lie as a Civil Writ wp11290.10 2 Petition. Whatever may be the powers which are invoked by the income tax authorities for initiation of proceeding before the learned Magistrate, the main prayer in the petition is for quashing the order passed by learned Chief Judicial Magistrate which has infact been passed under the provisions of Code of Criminal Procedure. 3 In that view of the matter, we are of the view that the present petition would not lie as Civil Writ Petition but would lie as a Criminal Writ Petition / Criminal application. Petitioner to take necessary steps. ( R. M. BORDE ) ( B. R. GAVAI ) JUDGE JUDGE dyb