Ramanathan S v. The State Of Maharashtra And ANR

Nalawade A.S.

WP-1941-13.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1941 OF 2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

orders Mr. Mihir Desai with Anwar Patel i/by Mulla and Mulla CBC for the Petitioner.

Mr. D.A. Nalawade for Respondent Nos.1 & 3.

Mrs. R.V. Newton, APP for State.

CORAM : A.S. GADKARI, J.

DATE : 28th April 2016.

P.C.:

1] The present petition is directed against the order of issuance of process dated 3.1.2013 passed by the learned Additional Chief Metropolitan Magistrate, 38th Court, Ballard Pier, Mumbai in CC No.113/SW/2011 under Sections 463, 464, 468, 471, 477A read with 120 B of the Indian Penal Code.

2] The learned Counsel for the respondent Nos.1 and 2 raised a preliminary objection that the present petition is not maintainable and cannot be entertained in view of the substantive alternate remedy

Nalawade A.S.

WP-1941-13.sxw available at the commend of the petitioners herein. 3] The Supreme Court in the case of Shalini S. Shetty Vs. Rajendra S. Patil reported in (2010) 8 SCC 329 has laid down the parameters for exercising the jurisdiction under Article 227 of the Constitution of India by the High Court and has held that, in cases where an alternative statutory mode of redressal has been provided, that would also operate as a restrain on the exercise of power by the High Court.

4] In view of the above, the learned Counsel for the petitioner seeks leave to withdraw the present petition with liberty to file a Revision Application, if so advised before the appropriate Court within three weeks from today. It is needless to mention that if such a Revision Application is filed, the concerned Court shall take into consideration the period consumed in prosecuting the present writ petition i.e. from 10.5.2013 till today, as contemplated under Section 14 of the Limitation Act. 5] The learned Revisional Court is directed to decide the Revision Application if filed within a period of six weeks from the date of its filing, after taking into consideration the fact that the process was issued on 3.1.2013.

6] The Writ Petition is disposed off in the aforesaid terms. (A.S. GADKARI, J.)