( 1 ) Cri.Appln4719-10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4719 OF 2010 Rajendra Janardhan Wankhede APPLICANT VERSUS The State of Maharashtra & another RESPONDENTS .... Mr. B.S. Kudale, advocate for the applicant. Mr. D.V. Tele, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 16th December, 2010] PER COURT : 1. Heard. 2. The application is for quashing of the FIR lodged by the respondent No. 2. 3. It is argued that there are counter complaints and the complaint lodged by the applicant is earlier in time. It is argued that to give counter blast to the complaint filed by the complainant, the respondent No. 2 lodged a false complaint. The proceedings cannot be quashed only on basis of probable defence available to the applicant and only because ( 2 ) Cri.Appln4719-10 the complaint filed by the applicant is earlier in time when it was registered. The Chief Officer of the Municipal Council had no personal enmity with the applicant. The prosecution story is that the Chief Officer of the Hingoli Municipal Council had been to the office of the applicant with a request to accept the amount of the electricity bills to certain extent and to allow restoration of the electricity supply. It is alleged that the applicant misbehaved, used fowl language and insulted the respondent No.2. 4. Having regard to the nature of the complaint and the fact that the respondent No. 2 had no person grouse against the applicant, except what is alleged by the applicant himself in another complaint, the quashing of the proceedings at such premature stage is unwarranted. This will amount to acquittal without any trial. The application is, therefore, dismissed. [V.R. KINGAONKAR] JUDGE NPJ/criapln4719-10 ( 3 ) Cri.Appln4719-10