-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1380 OF 2007 Ashok Rajmoney Shukla : Petitioner v/s Fayaz Khan son of late Dastagir : Respondent Santosh Marwade i/b M.P. Vashi Advocate for Petitioner V.M. Nakhawa APP Advocate for respondents Coram : A.S. Oka,J. Date : 16.4.2009 P.C. . Heard advocate for the petitioner. By the impugned order the complaint filed by the petitioner has been dismissed in exercise of powers u/s 256 of the Code of Criminal Procedure, 1973 and the accused have been acquitted. The remedy of the petitioner is to apply under sub section 4 of section 378 of the said Code. Hence writ petition cannot be entertained. . A liberty is granted to convert this writ petition into an application under sub section 4 of section 378 of Code of Criminal Procedure 1973. Amendment to be carried out within four weeks. If amendment is not carried out, the writ petition will stand dismissed for non prosecution without further reference to the court. If amendment is carried out, the application shall be placed before appropriate court. (A.S. Oka,J.)