:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3584 OF 2008 Mr. Bhagwan Babulal Shetty ..Applicant (Org.Accd.No.12) Vs. The State of Maharashtra ..Respondent Ms. Falguni J. Brahmbhatt for applicant. Ms. A.A. Mane, APP for State. CORAM: SMT.V.K. TAHILRAMANI,J. CORAM: SMT.V.K. TAHILRAMANI,J. CORAM: SMT.V.K. TAHILRAMANI,J. Date : November 24, 2008. Date : November 24, 2008. Date : November 24, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Advocate for the applicant - original accused and the learned APP for the State. 2. By order dated 28/1/2008 proclamation and non bailable warrant came to be issued against the applicant by the learned Metropolitan Magistrate, 22nd Court, Andheri in C.C. No. 252/P/90. The said case pertains to C.R. No. 311 of 1989 of Sahar Police Station. The said case is under Section 380 read with Section 34 of IPC. 3. As the applicant remained absent in the said case, proclamation and non bailable warrant came to be issued against the applicant. The applicant is :2: seeking quashing of the said order, whereby proclamation and non bailable warrant issued against him. 4. It is seen that the applicant has an efficacious alternate remedy of preferring an application before the trial court for setting aside the said order issuing proclamation and the order issuing non bailable warrant. Hence, I am not inclined to entertain the present petition. 5. Application is disposed of with liberty to the applicant to prefer appropriate proceeding before the trial court. To enable the applicant to prefer necessary application before the trial court, the proclamation and non bailable warrant is stayed for a period of four weeks from today. The learned Advocate for the applicant makes a statement that the applicant will appear before the trial court. All contentions left open. In case such an application is preferred, the learned Magistrate to dispose of the said application on merits. :3: (Smt.V.K. Tahilramani,J.) (Smt.V.K. Tahilramani,J.) (Smt.V.K. Tahilramani,J.)