1 appw-300-2011.doc srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.300 OF 2011 IN CRIMINAL WRIT PETITION NO. 903 OF 2009 Mrs.Nabila Kulvinder Bukhari ...Petitioner Versus PSI Pandharinath Sawant & ors. ...Respondents Mr.Amin Solkar for petitioner. Mr.P.A.Pol, PP for State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. July 13, 2011. P.C. 1. We have heard Mr.Solkar, the learned counsel for the petitioner who prays for restoration of Criminal Writ Petition No.903 of 2009. 2. The said petition came to be dismissed for non-prosecution on 11/9/2009 and this application has been taken out belatedly. The delay 2 appw-300-2011.doc caused is about one year and 181 days. 3. Even otherwise we have gone through the prayers in Criminal Writ Petition No.903 of 2009 and in our opinion the petitioner had the alternative remedy to approach the competent Civil Court for obtaining an injunction against the respondents/accused who were allegedly causing disturbance of her possession or creating nuisance or insecurity. Alternatively, the petitioner could have filed a private complaint before the learned Metropolitan Magistrate of competent jurisdiction. 4. Hence we do not find any case to restore the petition and, therefore, the application is rejected. 5. However, we clarify that this order will not prevent the petitioner from initiating appropriate alternative proceedings before the competent subordinate Court. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)