1 apl-94-11 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 94 OF 2011 Jayram Shamomal Valecha and others .. Applicants Vs. Mrs. Khushi Naresh Valecha and others ..Respondents Mr. Ganesh Sovani for the Applicants Mr. Pawan Mali /w Mr. Kamlesh Mali for respondent no.1 Mr. Rajesh More, APP for the State CORAM : N. D. DESHPANDE, J. DATE : 11th February, 2011 P. C. 1. Heard both the sides. 2. This is an application filed under Section 482 of the Criminal Procedure Code 1973 for quashing of the proceedings bearing Sessions Case No. 247 of 2010 in connection with CR No.I-86/2009, pending before the District Judge-2 & Addl. Sessions Judge, impugning the charge sheet filed against the applicants/accused. They have been committed to the sessions Court. The prosecution is based on the FIR which is lodged by respondent no.1 who is daughter in law of the petitioner no.1 and wife of petitioner no.2, which was registered with Ulhasnagar Police 2 apl-94-11 Station bearing CR1-86/2009 under Section 376, 509, 354, 363, 341, 506 r/w Section 34 of the Indian Penal Code. The other petitioners are family members who have been also accused for the other offences. 3. Needles to state that the accused, before the Sessions Court, have right to seek discharge under Section 227 of the Criminal Procedure Code and make out the case for discharge on such grounds which are available to them, in short, that there are are not sufficient grounds to proceed against them. 4. The Petitioners have stated certain grounds in this application and praying for quashing, in other words, would mean discharge. When there is a specific provision available and they have legal right to seek discharge on merits of the case. There would be no interference by this Court by exercising inherent powers under section 482 of the Criminal Procedure Code which are discretionary. After the case is committed to the sessions, the prosecution is obliged to open the case under Section 226 Cr.P.C. and describe the charge by stating such evidence which is available with them. At the same time defence is also heard on the point of charge and the can also claim discharge. 5. Hearing on the point of charge is hearing of the case of the prosecution and the defence referring to sections 226 and 227 so that the trial court can proceed under section 228 Cr. P. C. for 3 apl-94-11 framing the charge, in the case. In view of this observation, learned counsel for the applicant prayed for withdrawal of the application. Allowed to withdraw with liberty to to both the parties to make their submissions on all such grounds available to them at the time of hearing before the trial Court. 6. The application is accordingly disposed of. ( N. D. DESHPANDE, J. )