1 wp-2146-2010 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2146 OF 2010 Vijayan Narayan Menon & anr. ...Petitioners Versus The State of Maharashtra & anr. ...Respondents Ms.A.P.Madhuri i/b. Mr.Prashant Maggu for petitioners. Mrs.P.P.Shinde, APP for State. Mr.R.B.Mokashi for resp.no.2. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. June 27, 2011. P.C. 1. We heard the learned counsel for the petitioners. Petitioner no.1 is the brother of the respondent no.2, who is the complainant in C.R.No.15 of 2010 registered on 20/1/2010 with the Trombay Police Station, 2 wp-2146-2010 Mumbai for the offences punishable under Sections 324, 323, 504, 506(II) read with with Section 34 of IPC. The petitioners pray for quashing of the CR on the grounds that even as per the statement recorded of the complainant, there is no case made out of an offence calling for investigations. 2. Mr.Kamlalkar Mahadeo Phondke, PSI from Trombay Police Station has filed affidavit in reply and stated that CR came to be registered as per the directions issued by the Deputy Commissioner of Police in response to the letter dated 26/12/2009 received from the complainant, though an NC was registered on the basis of the said complaint on 19/12/2010. It has been further stated in the affidavit that on completion of investigation a charge-sheet has been filed in the 45th Court of Metropolitan Magistrate at Kurla and summons came to be issued to the petitioners as well. 3. If that be so, the petitioners’ remedy is either to apply for discharge or invoke the powers of this Court under Section 482 of Cr.P.C. for quashing of the proceedings before the learned Metropolitan Magistrate and in such a situation the petitioners will have to approach the Single 3 wp-2146-2010 Bench of this Court. 4. Hence the petition is disposed off with liberty as is available in law. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)