1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.2657 OF 2007 Shashikala d/o Dhondiba Gagare ..APPLICANT VERSUS The State of Mah. & ors. ..RESPONDENTS Mr K.N. Lokhande, Advocate for the applicant; Mr K.J. Ghute Patil, A.P.P. for respondent no.1. CORAM : P.V. HARDAS, J DATE : 26th July, 2010 ORAL ORDER : The present applicant by this application under section 482 of the Code of Criminal Procedure seeks quashing of the first information report on the basis of which an offence punishable under sections 323 & 504 of the Indian Penal Code and 3 (x) & (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been registered against the applicant. The first information report which was lodged by the complainant Shankar Yashwant Salve, was no doubt belated by nine days. The first information report prima facie at this stage discloses the commission of the offences which are alleged against the applicant. The learned Counsel for the applicant has urged before me 2 that the complainant on the same day had lodged a report with the police which was registered under sections 323, 504 and 506 of the Indian Penal Code. In the said report there were no allegations about the accused committing the offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It is, therefore, urged before me that the present first information report be quashed and set aside. It is further urged before me that there is a delay of nine days in filing of the first information report. 2. In an application under section 482 of the Code of Criminal Procedure for quashing of the first information report, at the behest of the applicant, the Court has to examine the first information report and determine whether an offence is made out on the basis of the averments in the first information report. At that stage any other extraneous material cannot be taken into consideration by the Court to determine the genuineness or otherwise of the first information report. Resort to this would virtually amount to deciding the trial at this stage itself. Mere delay simpliciter is not a ground which would vitiate the report which is lodged. In such circumstances, therefore, according to me no case is made out for quashing of the first information report. Ad interim relief i.e. stay to the further investigation has been operating for the last three years in the present matter. Criminal Application No.2657 of 2007 is accordingly dismissed. It is made clear that the observations made above have been 3 made principally for deciding this Criminal Application and should not be construed as any findings on merits. Application dismissed accordingly. ( P.V.HARDAS, J.) amj/criap2657.07