1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.2293 OF 2009 Gokul s/o Chitaman Pardeshi & ors. ..APPLICANTS VERSUS Banshilal s/o Ganpat Disore & anr. ..RESPONDENTS Mr P.B. Patil, Advocate for the applicants; Mrs A.V. Gondhalekar, A.P.P. for respondent no.2. CORAM : P.V. HARDAS, J DATE : 26th July, 2010 ORAL ORDER : The applicants pray that the Summary Criminal Case No.830 of 2003, filed before the Judicial Magistrate First Class, Vaijapur, District Aurangabad, be quashed and set aside on the ground that the complainant/respondent no.1 in the complaint case has stated that the alleged offence under section 323 of the Indian Penal Code was committed in the presence of one witness. According to the applicant the aforesaid witness does not reside reside at that place and has not been residing for the last four years. It is urged before me that on this ground the complaint be quashed and set aside. 2 2. The aforesaid ground, which is urged before me, cannot be considered to be a ground for quashing of the prosecution. The applicants obviously would be afforded an opportunity to cross-examine the said witness and can elicit material to assist them. Mere bald assertions that the witness was not residing within that area would not be considered as a ground for quashing of the prosecution. Application is accordingly dismissed with no order as to costs. ( P.V.HARDAS, J.) amj/criap2293.09