sat 1 wp 399-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 399 OF 2011 Mr.Shyamsunder Radhyeshyam Agarwal ...Petitioner vs. The State of Maharashtra & Anr. ...Respondents Mr.R.B. Raghuwanshi i/b. Mr.Sandesh D. Patil for the Petitioner. Mrs.P.P. Shinde, APP for the State. CORAM : B.H. MARLAPALLE & U.D. SALVI, JJ. JULY 14, 2011 P.C. :- 1 We have heard Mr.Raghuwanshi with Mr.Sandesh Patil, the learned Counsel for the petitioner. 2 Criminal Case No.1172/2010 was filed by respondent no.2 Mr.Shahnawaz Khan and the learned Judicial Magistrate, First Class, at Thane, passed an order on 15th December, 2010 directing the Navghar Police Station to investigate the offence under sat 2 wp 399-2011 Section 156(3) of Cr.P.C. Consequently, FIR No.M/1/2011 has been registered with the Navghar Police Station. The petitioner at the first instance prays for quashing of the FIR as well as the complaint filed before the learned Magistrate. The second prayer of the petitioner is that he submitted a separate complaint at Exhibit-L and the police authorities are not registering an FIR on that basis. 3 Undoubtedly, the order passed by the learned Judicial Magistrate, First Class, at Thane on 15th December, 2010 can be challenged by filing a revision application before the Sessions court and if the petitioner complains that Exhibit-L has not been registered, so as to cause investigation under Section 156 of Cr.P.C., his remedy of filing a private complaint has not been taken away. 4 At this stage, Mr.Raghuvanshi sought leave to withdraw the petition. sat 3 wp 399-2011 5 Leave granted. The petition is disposed as withdrawn with liberty to the petitioner to challenge the order dated 15th December, 2010 in a criminal revision application and to file a private complaint before the appropriate court of competent jurisdiction. 6 This order shall not be read as taking away any protection granted to the petitioner by the Additional Sessions Court. (U.D. SALVI, J) (B.H. MARLAPALLE, J)