1 45 wp.1583.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1583 OF 2010 Mrs. Nirmala Balkrishna Karne and ors. ... Petitioners Vs. The State of Maharashtra and ors. ... Respondents ----- Mr. N.V. Vechalekar i/b M/s. N.V. Vechalekar and Company for the Petitioners. Mr. K.V. Saste, APP for the State. ----- CORAM : A.M. KHANWILKAR and U.D. SALVI, JJ. DATE : 23 rd August, 2010. P.C. 1 None appears for the Petitioners when the matter is called out. Dismissed for non-prosecution. 2 Later on, Mr. N.V. Vechalekar for the Petitioners mentioned the matter requesting to recall the order dismissing the Petition for non- prosecution on the ground that when the matter was called out, he was busy in some other Court. 3 For the reason mentioned, order dismissing the petition for 2 45 wp.1583.10 non-prosecution is recalled. Petition is restored to file to its original number. 4 Heard the learned counsel for the parties. 5 As the police authority upon inquiry are of the opinion that the dispute between the parties is essentially of civil nature. The remedy of the Petitioners is to pursue private complaint for the alleged offence, if so advised. Considering the exposition of the Full Bench in the case of Panchabhai Popotbhai Butani and others Vs. State of Maharashtra and others, reported in 2010 (1) Mh.L.J. Page 421. 6 Petition is disposed of leaving all questions open to be decided on its own merits in the proposed private complaint to be resorted by the Petitioners. [ U.D. SALVI, J ] [ A.M. KHANWILKAR, J ]