:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE Criminal Writ Petition No. 2455 of 2008 Criminal Writ Petition No. 2455 of 2008 Criminal Writ Petition No. 2455 of 2008 Ashok Baban Temkar. ..Petitiones. Versus. A. S. Horao, S.I. & Others. ..Respondents. --- Mr. S. R. Chitnis, Sr.Adv. with V.R.Raje for the petitioner. Mr. A. S. Gadkari, APP for the State. CORAM: S. B. MHASE & CORAM: S. B. MHASE & CORAM: S. B. MHASE & A. A. SAYED,JJ. A. A. SAYED,JJ. A. A. SAYED,JJ. DATE: November 26, 2008. DATE: November 26, 2008. DATE: November 26, 2008. P.C. P.C. P.C. 1. Heard. This is a petition for quashing the FIR No. 279 of 2008 registered for an offences punishable under sections 385, 386, 387, 388, 364A read with sections 143, 343 and section 170 read with section 34 of the Indian Penal Code. 2. Mr. Gadkari makes a statement that the investigation is complete and charge-sheet has already been filed. The petitioner has also stated so in the petition. Since the charge-sheet is filed, the remedy of discharge is available and those grounds which have been raised in the petition can be raised in the application for discharge if the appropriate application is made to the concerned Magistrate / Sessions Judge. :2: :2: :2: 3. Since the alternate remedy is available to the petitioner, we refrain to entertain this petition. Petition is hereby rejected. 4. Liberty to the petitioner to make an application to the concerned Magistrate / Sessions Judge, seeking discharge. If such an application is made the Magistrate / Sessions Judge shall consider the same on its own merits without being influenced by the orders of this Court in not entertaining the writ petition under Article 226 of the Constitution. Concerned Magistrate/ Sessions Judge shall dispose of the such application of the petitioner, if made, as expeditiously as possible. (A.A.SAYED, J.) (A.A.SAYED, J.) (A.A.SAYED, J.) (S.B.MHASE, J.) (S.B.MHASE, J.) (S.B.MHASE, J.)