IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Revision Application [REVN] No. 161 of 2010 (Sunil S/o. Ramrao Nehare Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. None appeared for the applicant. Mr. M. J. Khan, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. DATE : 25 th April, 2011. None present for the applicant today. On earlier occasions also i.e. on 25/03/2011, 04/03/2011, 04/02/2011 and 21/01/2011, none was present. It seems that the applicant is not interested in prosecuting this revision application. Heard the learned APP. He submits that by the present revision, the applicant is challenging the order dated 23/06/2010 passed by the learned Extra Joint Adhoc Sessions Judge, Nagpur, thereby the application moved by the applicant for seeking discharge is rejected. The learned APP by inviting my attention to the impugned order submits that the sufficient material was brought by the investigating agency to show that the applicant was present on the day of incident. It is further submitted that the statements of the victim/complainant and the other witnesses recorded by the investigating agency clearly reveal the participation of the applicant. Though the ground of alibi was raised by the ... 2 ... applicant, but it was observed by the learned Extra Joint Adhoc Sessions Judge, Nagpur that the ground of alibi cannot be considered at this stage. Moreover, the material was brought by the investigating agency to show that the incident took place at 8:00 a.m. on 21/10/2009, and the applicant, who was on leave from 15/10/2009 to 20/10/2009, reported duty at 14:35 hours on 21/10/2009. The applicant was having shifting duty. Perused the order. The material was properly considered by the learned Extra Joint Adhoc Sessions Judge, Nagpur properly. No error can be found in the order passed by the learned Extra Joint Adhoc Sessions Judge, Nagpur, on 23/06/2010. The application is devoid of merits and is rejected. As such the application is disposed of. JUDGE Sandesh