23. wp 751-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 751 OF 2011 Nikhil Machines Pvt Ltd & Anr .. Petitioners Vs State of Maharashtra & Ors .. Respondents Mr. Yashodhar Chandulal with Sarida Unny for the Petitioners Ms. S.V. Gajare, APP for the State Mr. Shirish Gupte, Sr. Counsel i/b S.M. Sabrad for Resp. 3 to 5 Mr. G.B. Kedia for Respondent No. 6 CORAM : P.V. HARDAS & M.N. GILANI, JJ. DATE : 21st MARCH, 2011. PER COURT: 1. This is a petition under Article 226 of the Constitution of India by which the petitioners pray for issuance of a writ of mandamus in essence to direct the respondent – police to register an offence on the basis of the complaint of the petitioner dated 6th March 2011. The other reliefs which the petitioners have prayed for in the petition pertain to ad-interim reliefs to which it is not necessary to advert to at this stage. 2. It appears that the petitioners had filed the aforesaid complaint 1 23. wp 751-11.doc with the concerned police station on 6th March 2011. According to the petitioners, statement of the respondents came to be recorded by the police. However, till today, no offence has been registered and consequently the matter has not been investigated. 3. Mr. Gupte, the learned senior counsel for the respondents 3 to 5 has, by referring to the judgments of the Supreme Court in 'All India Institute of Medical Sciences Employees Union (Regd) Vs Union of India & Ors' (1996) 11 SCC 581, 'Aleque Padamsee Vs Union of India' (2007) 6 SCC 171 and 'Sakiri Vasu Vs State of U.P' AIR 2008 SC 907, urged for dismissal of the petition on the ground that the petitioners have alternate remedies available in law. 4. After considering the arguments of the learned counsel for the parties and after perusing the averments in the petition, according to us, the petitioners may avail the remedies available to them in law. In that light of the matter, therefore, this petition is dismissed relegating the petitioners to avail such remedies as are available to the petitioners in law. [ M.N. GILANI, J ] [ P.V. HARDAS, J ] 2 23. wp 751-11.doc 3