Cr.Appln./1495/2011 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1495 OF 2011 Sachin Naresh Jadhav Age 27 years, Occ. Student, R/o Subhash Colony, Beed. ..Applicant Versus 1. The State of Maharashtra Through Police Station Beed (City), District Beed. 2.Shriram Bhujangrao Aghav age 41 years, Occ. Service, r/o Nagar Road, Behind Sahara Hotel, Beed. ..Respondents ... Advocate for Applicant : Shri S.J.Salunke APP for Respondent 1 : Shri N.R.Shaikh Advocate for Respondent 2 : Shri A.N.Neharkar h/f Shri G.K.Naik Thigale ... CORAM : A. H. JOSHI & A. R. JOSHI, JJ. Dated: September 30, 2011 ... ORAL JUDGMENT:(Per A.H.JOSHI,J.):- 1. This is an application for quashing the first information report. 2. Heard. 3. Rule. Rule made returnable forthwith. Cr.Appln./1495/2011 2 4. In ordinary course, it would be too late to move such an application for quashing, when the first information report pertains to the year 2005. Moreover, the applicant is not able to justify the situation, that he had fled from law and avoided to face the trial. 5. It is seen that, in the prosecution of trial, the complainant did not support the prosecution on material aspects as seen in paragraph No.18 of the judgment, saying that he could not see the persons who had assaulted him. 6. Now the question before us is, whether in the said backdrop should fresh trial take place? Permitting further trial on the basis of this first information report and same witnesses would be putting the prosecution to exercise, having noticed it to be an attempt in futility. 7. In the result, we are satisfied that the first information report, subject matter, being Crime No.122 of 2005 registered on 9.4.2005 in Beed City Police Station is liable to be quashed in so far as it relates Cr.Appln./1495/2011 3 to the applicant. 8. We, therefore, make Rule absolute in terms of prayer clause (C) to the extent of the applicant. ( A. R. JOSHI, J. ) ( A. H. JOSHI, J. ) ... akl