1 wp46-11 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 46 OF 2011 Trambak N. Parekh .. Petitioner Versus Krishna D. Vora and another .. Respondents Mr. M. G. Shaukla for the Petitioner Mr. Parag Thakare for respondent No.1 Mr. Rajesh More, APP for the Respondent-State CORAM : N. D. DESHPANDE, J. DATE : 3rd February, 2011 P.C.: 1. Heard learned counsel Mr. Shukla for the petitioner and Mr. Thakare for respondent No.1 and Mr. More, APP for the respondent State. 2. This petition is filed for quashing of the complaint filed before the learned Metropolitan Magistrate, Mumbai in Case No.2226/S/2008. 3. A complaint of defamation came to be registered sometime in the year 2002 and the parties are before the Trial Court. Roznama filed on record shows the progress of the case. Now in the year 2011 i.e.after about 9 years, the accused, who is petitioner in the present petition is coming before the High Court for quashing under Section 482 of the Criminal Procedure Code, 1973. 4. Perused the petition. Most of the averments made are in the nature of defence in a case of defemation those are found in the definition of defamation under the Indian Penal Code. It is not the case of the petitioner that he was not allowed to raise defence or he has been 2 wp46-11 denied hearing before the trial Court. The inherent powers under section 482 Cr.P.C. which are discretionary cannot be exercised in the above mentioned facts and circumstances. The petition is misconceived and therefore deserves to be dismissed summarily at the stage of admission. 5. However, all contentions of the parties are kept open. The petitioner is at liberty to raise before the Trial Court, all such grounds and defence which are raised in this petition. . 6. The Parties shall co-operate the hearing before the Trial Court. 7. Petition is accordingly disposed of. ( N. D. DESHPANDE, J. )