IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4339 of 2008 DHAIRYA KANT JHA @ BAM BAM JHA & ANR Versus THE STATE OF BIHAR & ANR ----------- 02- 2.5.2008 Heard Mr. Purushottam Jha for the petitioners, and Dr. Maya Nand Jha, learned Additional Public Prosecutor for opposite party no.1. This application under Section 482 of the Code of Criminal Procedure has been filed by the two persons who are accused in Complaint Case No.1085 of 2006/Tr. No.1882 of 2006, wherein they are facing trial under Sections 447, 427, 379, 504 of I.P.C. read with Sections 3(ii) and 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Cognizance of the alleged offences was taken by the learned Sub-Divisional Judicial Magistrate, Madhubani, by his order dated 29.3.2007, and impugned herein. 2. While assailing the validity of the impugned order, learned counsel for the petitioners has taken the plea of alibi, inasmuch as both the accused persons were at places far away from the alleged place of occurrence and, therefore, could not have 2 committed the alleged offence(s). He has further submitted that it is mala-fide prosecution. 3. It appears to me that the issues raised by the learned counsel for the petitioners are essentially issues of facts which can be proved or disproved on the basis of substantive evidence during the course of the trial. Such a plea is clearly beyond the para- meters of a quashing petition. 4. There is no merit in this application and is accordingly dismissed. (S K Katriar, J.) S.K.Pathak/