- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.529 OF 2005 WRIT PETITION NO.529 OF 2005 WRIT PETITION NO.529 OF 2005 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. Mr.D.B.Tare for the Petitionersb Mr.U.V.Nikam,A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : SEPTEMBER 4,2006. : SEPTEMBER 4,2006. : SEPTEMBER 4,2006. P.C.: P.C.: P.C.: 1. This Petition has been filed under Article 227 of Constitution of India for challenging the order dated 16th October 2004 passed by the learned Metropolitan Magistrate. By the said order, a complaint filed by the Petitioners has been dismissed in exercise of power under Section 203 of the Code of Criminal Procedure, 1973. 2. Remedy under Article 227 of Constitution of India cannot be resorted to when statutory remedy is available to the Petitioners for challenging the impugned order. Only on this ground Writ Petition is not entertained and the same - 2 - is rejected. 3. Notwithstanding rejection of the Writ Petition, it will be open for the Petitioners to file appropriate proceedings for challenging the impugned order. If the Petitioners have filed certified copy of the impugned order on record of this Petition, office will return the same to the Advocate for the Petitioners. JUDGE JUDGE JUDGE