mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINALWRIT PETITION NO.931 OF 2009 Suryakant Bhujangrao Patil Petitioner versus Tukaram Namdeo Suryavanshi & another Respondents Machindra Deshmukh for petitioner. Miss A.T.Javeri, APP for State. CORAM : A.S.OKA, J. DATE : 24th June 2009 PC : 1. The petitioner-complainant has taken an exception to the order dated 30th May 2009 passed by the learned Magistrate by which complaint filed by the petitioner has been dismissed in exercise of powers under section 256 of the Code of Criminal Procedure, 1973. In view of the decision of the Division Bench of this Court, the remedy of the petitioner is to invoke sub section 4 of section 378 of the said Code of 1973. As the statutory remedy is available to the petitioner, the writ petition is not entertained and the same is disposed of by keeping the said remedy open. (A.S.OKA, J.)