1 Cri.Appl.No.1622 of 2004 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1622 OF 2004 1. Ramesh S/o.Sukhdeo Shamkar Age-48 years, Occu-Railway Service, R/o.Beed Railway Station, Dist. Khandva (M.P.) 2. Pushpa W/o.Ramesh Shamkar, Age-40 years, Occu-Household, R/o. As above, 3. Panchshila Udaybhan Patil, Age-32 years, Occu-Service, R/o.Kandari, Tq.Bhusawal, Dist. Jalgaon. 4. Mayabai D/o.AnandaGadpaile, Age-48 years, occu-Nil, R/o. As above. APPLICANTS VERSUS The State of Maharashtra Through City Police Station, Bhusawal, Dist. Jalgaon RESPONDENT Mr.S.S.Patil, learned counsel for the applicants, Mr.N.H.Borade, learned A.P.P. for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 07/03/2011 2 Cri.Appl.No.1622 of 2004 ORAL JUDGMENT : 1. By the present application u/s. 482 of The Cr.P.C., the applicants/original accused in CR No.36/2004, registered with City Police Station, Bhusawal, have approached this Court for quashing of FIR by which an offence u/s. 306 r/w. 34 of The IPC was registered against the applicants accused in CR No.36/2004. 2. It appears that rule was issued in this matter on 28/07/2004. 3. Heard learned counsel for applicants followed by the submissions of learned A.P.P. The said CR came to be registered on 17/05/2004. Record and proceeding shows that no stay was granted to the further investigation in the said CR. Resultantly, the investigation is over and the charge sheet was filed against the applicants before the Lower Court. Once the investigation was over, an efficacious alternate remedy to apply for discharge u/s. 227 of The Cr.P.C. is available to applicants to apply before the Court of Sessions as offence punishable u/s. 306 r/w. 34 is exclusively triable by the Court of Sessions. It is not expected by this Court to exercise the extraordinary powers vested u/s. 482 of The Cr.P.C. With this, application stands disposed of as alternate remedy is available to applicants. Application stands rejected. It is made clear that this application is not decided on merit. However, the remedy to apply for discharge u/s. 227 of The Cr.P.C. is kept upon for the applicants. It is further made clear that applicants are at liberty to make all the submissions so far as discharge of the applicants in the said CR is 3 Cri.Appl.No.1622 of 2004 concerned. 4. Rule stands discharged. 5. R & P, if any received, be sent back to the court concerned. (A.V.POTDAR, J.) khs/MAR. 2011/cri.appl.1622-04