1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1759 /2010 (Anil R. Babhale vs. Narayansingh Hiralal Rajput ) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : A.P. BHANGALE, J. DATED : 9 th June, 2011. Heard Mr. N.S. Giripunje, learned counsel h/for Mr.O.K.Masurke, for the applicant. Advocate for respondent is absent. By means of this application filed under section 482 of the Code of Criminal Procedure 1973 ( in short “the Code”), the applicant/original accused in Criminal Compliant Case No. 28/2009 seeks quashing of the proceedings pending in the court of learned Judicial Magistrate, First class, Pachora Dist.Jalgaon. According to the learned Advocate for the applicant there was exchange of notices between the respondent/ complainant and the applicant regarding some financial transactions on account of which the complainant made accusations to the effect that the applicant had entered into the residential house belonging to the complainant on 18.1.2009 at about 12.00 noon, assaulted him and threatened to kill him. At that time, the complainant had demanded a sum of Rs.5,77,190/- but the applicant accused steadfastly refused to make the payment and dared the complainant to do whatever he wants against 2 him. Upon these serious accusations, the complaint has been lodged before the JMFC Pachora giving rise to filing of Criminal Case No. 28/2009 on 27.1.2009. It appears that pursuant to the said complaint, the applicant was summoned informing him to attend the prosecution in the the Court of JMFC Pachora through his Advocate as also to furnish surety. It is the case of the applicant that false and frivolous accusations have been levelled against him solely with a view to harass him on account of trifle squabbling. The applicant denies the accusations stoutly. Be that as it may; since it appears a summons case, it is open for the petitioner to appear before the JMFC Court, Pachora and to make defence, if any, in respect of the accusations levelled against him. Furthermore, unless the criminal proceedings initiated against the applicant amounts to abuse of the process of the Court, or mala fide, absurd or inherently improbable, there will be no justification to interfere with the proceedings arising from Cri. Complaint Case No.28/2009 pending before the JMFC Pachora. Even otherwise the discretion envisaged under section 482 of the Code has to be used sparingly with utmost care and circumspection and not to scuttle the legitimate prosecution. The applicant, in such a case shall instead of knocking the doors of this Court, may file an appropriate application in the trial Court concerned making out his defense. 3 For the reasons stated herein-above, no interference is called for. Application is rejected. JUDGE Sahare