1 2522.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2522 OF 2011 Dashrath Narsu Kusale ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents ...... Mr.S.R.Borulkar i/b Mr.Amit Karande for Petitioner. Mrs.A.S.Pail, A.P.P. for Respondent/State. ...... CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- SEPTEMBER 21, 2011. P.C. 1. Heard Counsel for the petitioner and the learned A.P.P. 2. The only contention canvassed before us, is that, taking each allegation contained in the F.I.R. as it is, it does not disclose commission of cognizable offence. 3. We have perused the statement of Abdul Gyanoba Gogavale, Police Constable, Buckle No. 7767 on the basis of which, the F.I.R. came to be registered. Going by the allegations therein, we have no manner of doubt that the same discloses commission of offence of use of criminal force by the petitioner, to say the least. The argument of the petitioner is that the 2 2522.11 Police Constable had no business or authority to stop the petitioner from entering the premises. That act of the Police official was, by itself, illegal. In that case, the petitioner cannot be proceeded for having committed offence under Section 353 of the Indian Penal Code. 4. We are not impressed by this argument. The allegation in the F.I.R. will have to be taken as it is. Looking at the F.I.R., it is not possible for us to assume or infer that the police constable had acted illegally in stopping the petitioner from entering the office which he did on instructions of his superiors. Be that as it may, if such plea is available as defence to the petitioner, it may be relevant at the time of trial but cannot be the basis to quash the F.I.R. 5. Accordingly, this petition fails. The same is dismissed. However, we make it clear that observations made in this order shall not come in the way of the petitioner to pursue other appropriate remedy if and when occasion arises. For, the consideration in this decision is only in the context of relief of quashing the F.I.R. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)