1 wp-1643-10.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1643 OF 2010 Shri Tabrez Ali Jaan Shaikh .... Petitioner vs The Commissioner of Police, Mumbai .... Respondent Mr. Swapnil Wagh i/by Mr.Rizwan G. Merchant for the petitioner. Mrs. P. P. Shinde, APP for the State. CORAM: B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 27th July, 2010 P.C.: Heard the learned counsel for the petitioner. 2 The petitioner was issued a Show Cause Notice under Section 111 of Cr.PC on 03.02.2010 and the same was challenged in Writ Petition No.688/2010. The said petition was disposed off on 07.04.2010 by recording the statement made by the learned APP that the contents of the writ petition and the annextures thereto would be treated as the reply to the Show Cause Notice, the petitioner would be given personal hearing and he would be allowed to be represented by his Advocate. 3 This petition was filed in the second round challenging the very same Show 2 wp-1643-10.sxw Cause Notice and praying for directions to the Commissioner of Police, Mumbai to transfer his case from Khar Police Station to any Executive Magistrate outside Bandra jurisdiction. On 17.06.2010, we directed that the proceedings would be concluded on 30.06.2010 as the hearing was in progress and we had also noted that the proceeding would be completed without waiting for any higher authority’s instructions or interference. 4 The proceedings have now been concluded by the Order dated 20.07.2010 passed under Section 117 of Cr. PC and a copy of the same order is placed before us. The petitioner has a remedy, if aggrieved by the said order, to challenge the same before the Sessions Court by filing a Criminal Revision Application and when such a statutory remedy is available, a writ petition under Article 226 of the Constitution, need not be entertained. 5 Hence, the petition is disposed with liberty to the petitioner to challenge the order dated 20.07.2010 in a Criminal Revision Application before the Sessions Court. All contentions of the respective parties are kept open. (ANOOP V. MOHTA, J.) ( B. H. MARLAPALLE, J.)