1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Writ Petition No.779 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The petition is for quashing of the FIR. The main plank of the argument advanced by the learned counsel for the petitioner is that names of the petitioners have not been indicated in the FIR and they were not present in the village on the relevant day. 3. The learned A.P.P. has invited my attention to the dying declaration of Bhimrao. The dying declaration may not be of any avail as a dying declaration because subsequently Bhimrao survived but his statement before the Police Head Constable, which was recorded on 22.4.2009 i.e. on day of the incident purports to show that he named the petitioners along with other assailants. Therefore, it appears that there is some evidence to indicate their involvement in the crime. At the premature stage, they can not be absolved from Criminal liability when the trial is yet to begin. 4. Considering the foregoing reasons, the petition is dismissed. Liberty, however, is granted to seek appropriate remedy during course of the trial before the learned Sessions Judge. (V.R.KINGAONKAR,J.) Dt.14.10.2009. asp/office/Crwp779.09