IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1133 OF 2008 CRIMINAL WRIT PETITION NO. 1133 OF 2008 CRIMINAL WRIT PETITION NO. 1133 OF 2008 Shri Jitendra Kumar Parbat Baraiya ..Petitioner Vs. Smt. Vanitaben Parvin Patel & Ors. ..Respondents Mr. Subhash Jha,Advocate, i/b. Mr. Mukesh Pandey,Advocate, for the petitioner. Mr.A.S.Gadkari, APP, for the State. Mr. D.A.Nalawade, Advocate for Respondent No.4. CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & J.H.BHATIA,JJ. J.H.BHATIA,JJ. J.H.BHATIA,JJ. DATE : 26th June, 2008. DATE : 26th June, 2008. DATE : 26th June, 2008. P.C. P.C. P.C. 1. Heard Mr. Jha, the learned Counsel for the petitioner. Mr.Nalwade,the learned Counsel appearing for respondent No.4 has filed affidavit-in-reply. 2. The petitioner prays for quashing of the FIR i.e. FIR No.31/2008 registered with the Diu Police Station. 3. The impugned FIR has been registered on 27.5.2008 in respect of the offence allegedly taken place between 12.5.2008 to 16.5.2008. The record shows that the petitioner has also filed a cross-complaint which has been registered as an FIR against respondent Nos. 1 and 2, for the offences punishable under Sections 143,145,147, 149, 323, 452 and 506 of I.P.C. 4. It prima facie appears on perusal of this cross-complaint that the respondent No.1 is a moneylender and respondent No.2 who is the husband of respondent No.1 who is a seaman. The petitioner appears to have borrowed an amount of Rs.5 lakhs from the respondent No.1 and then some dispute of repayment of the loan as well as interest arose. C.R.No.31/2008 has been registered against the prsent petitioner and two other accused. So far as the petitioner is concerned, we are satisfied that the FIR discloses cognizable offence and, therefore, we are not inclined to invoke our extraordinary powers to quash the FIR. The affidavit filed by the respondent No.4 deals with the cross-complaints and we are satisfied that no case has been made out to entertain this Petition. The Petition is hereby rejected. (J.H.BHATIA,J.) (B.H.MARLAPALLE,J.) (J.H.BHATIA,J.) (B.H.MARLAPALLE,J.) (J.H.BHATIA,J.) (B.H.MARLAPALLE,J.)