1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1088 OF 2009 Sulochana Rajaram Shirke & Anr .. Petitioners Vs State of Maharashtra & Ors .. Respondents Mr. Sanjeev Sawant i/b Mr. H.V. Kode and Mr. Samir Suryawanshi for the petitioner Mr. D.P. Adsule, APP for the State CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. DATE : 26th November, 2009 P.C.: 1. We have heard Mr. Sawant, the learned counsel for the petitioner. 2. So far as the grievance of petitioner no.1 is concerned regarding her complaint to the Additional Commissioner of Police (EOW) on 6th January, 2008 is concerned, it is clear from the record that her statement was recorded on 22nd January, 2008 and as per the letter dated 22nd April, 2008, copy of which is placed before us by Mr. Sawant, the said complaint was investigated into and no cognizable RMA 4wp1088-09.sxw 2 offence was noticed. Despite the complaint having been closed by the police, nothing stops the complainant to approach the concerned court of Metropolitan Magistrate with a private complaint. 3. About notice dated 12th April, 2009 issued against petitioner no. 2, it appears to be an advisory notice to petitioner no. 2 under Section 419 of Cr.P.C for orderly behavior. We do not see any reason to interfere in such notice under Article 226 of the Constitution and if any further action is taken against petitioner no. 2 in future, pursuant to the said advisory notice, he cannot be estopped from challenging such an act before the proper forum. 4. In view of above, the petition is dismissed. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.] RMA 4wp1088-09.sxw 3 RMA 4wp1088-09.sxw