1 wp 249-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 249 OF 2010 Abdul Sattar Suleman Mithaiwala & Ors....Petitioners vs. Shasher Khan Pathan & Ors. ...Respondents Mr.Mubin A. Solkar with Ms.Tahera A.R. Qureshi for the Petitioners. Mr.Jafar Shaikh for Respondent Nos.4 to 6. Mr.A.S. Gadkari, APP for the State. CORAM : B.H. MARLAPALLE AND U.D. SALVI, JJ. JUNE 7, 2011 P.C :- 1 Heard the parties. This petition had come up before us from time to time. Efforts have been made by showing indulgence by this Court for amicable settlement and even at one stage, the parties agreed for mediation. Mr.Justice S.S. Parkar (Retired) was, by consent of the parties, appointed as a Mediator but the mediation proceedings could not be successful. 2 wp 249-2010 2 As per the petitioners, on 13th January, 2010, they have submitted a complaint to respondent nos.1 and 2 but it has not been taken cognizance of so as to register an FIR and therefore, the petitioners seek directions against respondent nos.1 and 2. In addition, it is also pointed out by the petitioners that a Show Cause Notice dated 8th January, 2010, so as to initiate proceedings under Section 107 of Cr.P.C. against them and two of their brothers, has been issued and they seek stay of those proceedings. 3 As per Mr.Solkar, learned Counsel for the petitioners, during the pendency of this petition and on the basis of the complaint filed by respondent nos.4 to 6, two different CRs have been registered against the petitioners and those CRs have been registered by way of retaliation and despite the fact that the issues in dispute are purely of civil nature. 3 wp 249-2010 4 Be that as it may, so far as the complaint submitted by the petitioners to the police station i.e. Pydhonie Police Station is concerned, the petitioners can approach the concerned Deputy Commissioner of Police or file a private complaint before the jurisdictional Metropolitan Magistrate. So far as the Show Cause Notice under Section 107 of Cr.P.C. is concerned, they are entitled to contest it on merits and if it results in adverse order, the petitioners have a remedy of appeal to challenge the same. 5 Hence, we are of the considered opinion that the petitioners must be relegated to the alternative remedy of filing a private complaint before the concerned court of the Metropolitan Magistrate and to contest the Show Cause Notice dated 8th January, 2010 by filing an appropriate reply. 4 wp 249-2010 6 Hence, the petition is disposed off with liberty as is available to the petitioners on the above lines. 7 It is also clarified that this order will not come in the way of the petitioners to initiate appropriate proceedings so as to pray for quashing of the CRs or any other proceedings registered against them during the pendency of this petition. (U.D. SALVI, J.) (B.H. MARLAPALLE, J.)