IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.840 OF 2009 Harish R.Bhattad & Ors. .. Applicants V/s. The State of Maharashtra .. Respondents Mr.N.K.Thakore i/b.Mr.Prakash Naike for the Applicants. Ms.S.D.Shinde, A.P.P. for the State. CORAM : A.R.JOSHI, J. DATED : MARCH 30TH, 2009. P.C. Heard the learned counsel appearing for the Applicants and the learned A.P.P.Ms.Shinde for the State. Heard the rival submissions for some time and also perused the contents of criminal application by which the Petitioner has challenged the order of Chief Metropolitan Magistrate IVth Court, Girgaon, Mumbai directing the police to investigate the offence. By prayer clause (b) it is also requested to set aside and quash M.E.C.R.No.5 of 2008 registered by 1 the investigating police V.P. Road Police Station. Original complainant intervenor appear and filed his reply objecting the prayers mainly on the law points as to another efficacious remedy is available and also as per the provisions of section 239 of Criminal Procedure Code, the Petitioner can again re-agitate the matter before the concerned Metropolitan Magistrate Court, Girgaon Mumbai. 3. In support of this submissions on behalf of original complainant following authorities are cited 2003 ALL MR (Cr.)1925 in the case of Col.B.S.Khatri V/s.State of Maharashtra & Anr., and (1997) 8 SCC 476 in the case of Madhubala V/s.Suresh Kumar & Ors. As against this submissions, the learned Senior Counsel Shri Thakore placed reliance on the Apex Court authority (2008) 5 S.C.C.668 in the case of Maksud Saiyed V/s.State of Gujrat & Ors. , and submitted that powers of this Court under section 482 of Criminal Procedure Code are available and necessary, action could be taken, taking recourse to said provisions. There is no dispute regarding availability of these powers under section 482 of Criminal Procedure Code, however, it is to be ascertained as to under what circumstances such powers are required to be used. Admittedly, as rightly stated by the Judgments cited before this Court and also emphasis by the Apex Court, such powers under section 482 of Criminal Procedure Code are sparingly used and not as a matter of course. 2 4. Considering the facts as narrated in the present Petition and considering the availability of other efficacious remedy, in the opinion of this Court, there is nothing to entertain the present Application and therefore, the present Application is dismissed and disposed of accordingly. 5. Needless to mention that if any grievance still exits with the Petitioner's regarding facing the trial before the learned Metropolitan Magistrate Court, Girgoan, Mumbai, such issue can be raised before the same Court by taking recourse to section 239 of Criminal Procedure Code, or any other provisions of law. (A.R. JOSHI, J.) 3