IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 2067 OF 2009 Jitendra Narayanbhai Pokar ... Petitioner. Vs. 1. Mr. Prakash Mavani & Others ... Respondents. --- Mr. S.S. Shirsat i/by Diwakar Dwivedi for the Petitioner. Mr. A.S. Gadkari, APP for the State. --- CORAM : J. N. PATEL AND A. A. SAYED, JJ. DATE : 05TH NOVEMBER, 2009 P.C. : 1. This petition has been filed for seeking a writ in the nature of direction to Respondents No. 6 to 8 to register FIR against the Respondents No. 1 to 5 for having committed housebreaking, theft in respect of a cupboard containing valuables, geyser and other articles valued at more than Rs. Five lakhs and direct the Respondent No.8, the Commissioner of Police, Mumbai to investigate and register the case of trespassing, housebreaking and theft committed by the Respondents No. 1 to 5 and their associates as per the complaint dated 30.07.2009. In our opinion it will not be proper for this court to exercise its extra ordinary jurisdiction in the matter as the petitioner has a remedy provided under the law to file a complaint before the Magistrate having jurisdiction over the subject matter. 2. From the affidavit in reply filed by the Police Sub Inspector -Dilip S. Vichare it appears that they have made enquiry into the complaint and found that the allegations are in respect of dispute between the petitioner and the respondent no.4 which is of a civil nature and therefore, a preliminary enquiry came to be conducted and it was informed to the petitioner by letter dated 01.08.2009. If the petitioner is not satisfied with the same, nobody prevents the petitioner to approach the learned Magistrate having jurisdiction in the matter by filing a complaint. 3. The petition is dismissed with liberty to the petitioner to file a complaint, if so, advised. (J. N. Patel, J) (A.A. Sayed,J) -----