FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ 14 CRIMINAL WRIT PETITION NO. 889 OF 2010 RAJKUMAR LAXMINARAYAN KOGTA VERSUS LAXMINARAYAN MADHAVLAL KOGTA AND ANR ... Advocate for Petitioner(s) : Mr. Swapnil S Patil APP for Respondent(s): Mrs. Y.M. Kshirsagar Advocate for Respondent 1 : Mr. P.B. Patil ... CORAM : A. V. POTDAR, J. Dated: September 14, 2011 ... 1 By present writ petition, the petitioner has approached this court to quash the proceeding in RCC 486/2010 on the file of learned JMFC, Jalgaon, alongwith order dated 1-9-2010, by which the complaint was referred to the concerned police station for investigation under section 156(3) of the Code of Criminal Procedure. Today, when petition came up for admission, learned counsel for respondent no. 1 / original complainant states across the bar that the police have completed investigation and charge sheet is filed before the learned JMFC, Jalgaon. 2 As the charge sheet is filed on completion of investigation, the proper remedy for petitioner is to apply for discharge under section 239/227 of the Code of Criminal Procedure as the case may be. Admittedly, the efficacious alternate remedy is not availed which is proper remedy for the petitioner. As FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ the alternate remedy is not availed, petition to be dismissed to avail the alternate remedy. Petition stands dismissed accordingly. ( A. V. POTDAR, J. ) dyb 15 CRIMINAL APPLICATION NO. 4150 OF 2010