bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRI. CRI. CRI. APPLICATION NO. 1877 OF 2008 APPLICATION NO. 1877 OF 2008 APPLICATION NO. 1877 OF 2008 M/s.EWART Investments Ltd. ... Applicant v/s The State of Maharashtra & ors. ... Respondents Mr.K.T.S.Tulsi, Senior Advocate with Mr.Sandeep Kapoor, Mr.Gaurav Bhargava i/by Mr.Subodh Desai for the applicant. Mr.H.J.Dedhia, A.P.P. for the State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 2ND JULY, 2008 2ND JULY, 2008 2ND JULY, 2008 P.C. P.C. P.C.: 1. This application has been filed challenging the order passed by the Metropolitan Magistrate dismissing the complaint filed by the applicant. The Metropolitan Magistrate has, on various grounds, dismissed his complaint. 2. The present application has been filed under Section 482 of the Cr.P.C. There can be no dispute with the proposition canvassed by the learned counsel for the applicant that the powers of this Court under Section 482 are wide as has been held by the Supreme Court in several decisions but these wide powers are to be 2 exercised very sparingly with circumspection and in the rarest and rare cases. In my view, this is not one such case where this Court is required to exercise its powers under Section 482 of the Cr.P.C. since the applicant has an efficacious remedy of filing a revision application. 3. The learned counsel for the applicant has submitted that there is a complete abuse of the process of law by the Metropolitan Magistrate in dismissing the complaint in the peculiar circumstances of this case. In my opinion, merely because there is an abuse of process of law, it would not necessarily lead to the inference that the power of the Sessions Court under revision is taken away. The applicant has an appropriate alternate efficacious remedy which it ought to have exercised rather than approaching this Court under Section 482 of the Cr.P.C. 3. The application is dismissed and the applicant is relegated to the appropriate remedy available to it under Section 397 of the Cr.P.C.