1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Writ Petition No.776 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. This petition is filed for quashing of the FIR filed by the Respondent No.2. The Respondent No.3 alleged that he deals in business of toll collection in partnership with one Anil. He alleged that the petitioner threatened him that they would defame him because he had duped the Cantonment Board for Rupees one crore. He alleged in the FIR that the petitioners demanded Rupees fifty lacs from him for keeping silence and not taking appropriate action. He further asserted that on 10.7.2009, the petitioners again demanded the amount, threatened him to kill and defame him. Ultimately, he agreed to pay Rs. 3,40,000/- (Rupees three lacs forty thousand) to them. On 13.7.2009, he was again threatened by the petitioner No.2 on mobile phone. 3. According to the petitioners, the FIR is based on false allegations and the petitioner No.1 was not at the relevant place because he is employee of the Cantonment Board. It is also contended that the Respondent No.3 is a wellknown criminal and has filed the FIR out of personal vendetta. 4. The petition is based on disputed questions of facts. The defence of alibi as raised by the petitioner can not be considered at premature stage. The petition based on such plank of defence is not maintainable. In view of the fact that the FIR is yet under investigation, the petition appears to be premature. Hence, dismissed in limine. (V.R.KINGAONKAR,J.) Dt.14.10.2009. asp/office/Crwp776.09