1 CRWP NO.585/2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.585 OF 2010 (Nivrutti s/o Machhindra Barse Vs. Police Inspector, Police Station, Shiur, and another) ------------------------------------------------------------------ Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. V.J.Dixit, Senior Advocate, for the petitioner. Mr.G.R.Ingole, APP for State. Mr. R.N.Kolekar, Adv., h/f Mr. S.G.Magar, Adv., for R.3. ... CORAM: K.U.CHANDIWAL, J. DATE:June 14th, 2011 1. Heard. The accused/applicant seeks quashment of FIR dt.16.12.2007, (vide Crime No.I-107/2007) registered at Shiur Police Station, for the offense punishable under Sections 147, 148, 149, 452, 324, 336, 504 read with Section 34 of IPC and also under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Learned Senior Counsel submits that, at the relevant time, accused/applicant was not at the 2 CRWP NO.585/2010 village to commit the offence, as has been alleged in the FIR. He was before the Collector and, for that purpose, an acknowledgment issued from the office of the Collector regarding receipt of an application from the petitioner at around 6.30 p.m. on 15.12.2007, at Aurangabad, is tendered. Such an application would not be supporting the contentions as are raised, as such application could be made by any other person, barring the accused/applicant. The plea of alibi has to be taken care of at the time of trial, as defense. Specific role is assigned to the applicant/accused of harassment, intimidation, including injuring father of the complainant. These aspects are supported by few of the witnesses, though the complainant's community has only four houses in the village. At this stage of the matter, it cannot be said that the prosecution initiated against the accused/applicant is abuse of process, or a cloak to other issues. Application lacks merit, 3 CRWP NO.585/2010 dismissed. The observations are prima facie in nature. (K.U.CHANDIWAL) JUDGE ... AGP/585-10crwp