1 wp2871.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2871 OF 2010 Smt.Annamma Sebastian ....Petitioner Vs. Smt.Savitribai J. Gupta & anr. ....Respondents Mr. K.K.George, advocate for petitioner. Mrs. M.M.Deshmukh, APP for State. CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- OCTOBER 8, 2010. P.C. 1. Heard Counsel for the Petitioner. We have no reason to depart from the opinion recorded by the Executive Magistrate in his order dated 30th March, 2010, which has been challenged by way of present petition filed only in September, 2010, that too, to invoke jurisdiction under Article 227 of the Constitution of India. Even if we were to treat the Petition as one under Article 226 of the Constitution of India, as aforesaid, we see no reason to depart from the opinion recorded by the Executive Magistrate in asking the Petitioner to take recourse to other action. In the entire Petition, there is not even a tittle of assertion that the situation on the site is such that it is likely to cause breach of 2 wp2871.10 peace. If so, the question of invoking remedy under section 145 does not arise. In the circumstances, this Petition is dismissed. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)