CWP-5199/2010 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. SB CIVIL WRIT PETITION NO.5199/2010 Devashish Bose ors. Versus. Prem Enterprises DATE OF ORDER : 20/04/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr. VK Sharma for petitioners. Instant writ petition has been filed under Article 227 of the Constitution of India assailing the order dated 28/06/2007 passed by the Additional District Judge while exercising his revisional jurisdiction. The petitioner earlier assailed the very order impugned dt. 28/06/2007 by filing a Criminal Misc. Petition under Section 482 Cr.P.C. which was rejected by the Court vide judgment dt. 05/03/2010 copy of which has been placed on record. Counsel submits that even if the Criminal Misc. Petition under section 482 Cr.P.C. has been rejected still the petitioner can assail the same very order by filing the present writ petition and in support of the submissions he has placed reliance on a judgment of Apex Court, reported in 1997(4) Crimes 212(SC). The submission made is wholly bereft of merit for the reasons that if the complaint does not make out any case, the accused can approach High Court under Section 482 Cr.P.C. CWP-5199/2010 2 or Article 227 of the Constitution of India for quashing of the proceedings. In the instant case, the petitioner has availed the remedy by filing a Criminal Misc. Petition under Section 482 Cr.P.C. and since that indisputably has been rejected order of which has been placed on record, taking note thereof, the present writ petition is not maintainable. The judgment, on which counsel has placed reliance, is of no assistance and since remedy under Section 482 Cr.P.C. has already been availed and has not found favour, the present writ petition, in such circumstances, it is nothing but an abuse of the process of law. Consequently, the writ petition is dismissed. [AJAY RASTOGI], J. Raghu/p.2/ 5199-CW-2010-final.doc