1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.526 OF 2002 Kiran Gopalrao Ghatage & Anr. .. Petitioners Versus Vanechand Hirachand Rathod and Anr. .. Respondents Mr.A.Y.Sakhare, Senior Advocate for petitioners Mr.S.S.Pednekar, A.P.P. for State. CORAM : S.C.DHARMADHIKARI, J. DATE : 16th December 2005. P.C. . Heard Mr.Sakhare, learned Senior Advocate for petitioners. After hearing Counsel for both sides, in my view, no interference is necessary with the order of the Revisional Court, restoring complaint preferred by first respondent to the file of Judicial Magistrate, First Class, Kolhapur for disposal in accordance with law. 2 2. From a perusal of the order passed by the Magistrate, it is apparent that he has proceeded to dismiss the same on the ground that complainant has not remained present. Power of learned Magistrate in that behalf having been set out in the order of the revisional court and the opinion as well as view of the learned Additional Sessions Judge that the Magistrate has no power to dismiss the complaint for default, does not call for any interference in exercise of jurisdiction of this Court under Article 227 of the Constitution of India, more so, when the same does not appear to be vitiated by an error of law. Petition dismissed. (S.C.DHARMADHIKARI, J)