1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3013 OF 2010 Shri Parmeshwar Tukaram Kadam ...Applicant vs. State of Maharashtra ...Respondent Mr.V.V. Yadav for the Applicant. Mr.S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATED : JULY 8, 2010 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 This application has been filed for quashing an FIR which is registered by the Tilaknagar Police Station vide C.R.No.58/2010 on 27th March, 2010 on a complaint filed by one Sachin Maruti Gaikwad for the offence punishable under Section 307 read with 34 of the IPC. In the said complaint, it is alleged that one Ramchandra 2 Sonawane threatened the complainant with a revolver. However, before any further untoward incident takes place, three police officers seized the revolver from Ramchandra Sonawane. In the complaint, it was mentioned that the present applicant may be involved in the said incident. 3 Counsel for the applicant submitted that if the averments made in the complaint are taken at its face value, even then no offence was made out against the present applicant. He was neither present at the place where the said incident took place nor was concerned in any manner with the co- accused. Secondly, it was submitted that the name of the present applicant was mentioned out of the political enmity since the applicant is a Corporator. 4 Counsel for the applicant invited my attention to the statement of the complainant. 3 5 The learned APP submitted that the investigation is still going on. 6 It is a settled position in law that the High Court while exercising its jurisdiction under Section 482 of the Cr.P.C. is not expected to weigh the correctness of the allegation made in the complaint and the court should not stay the investigation of the case by the police since the the power of the investigation is vested with the police by virtue of provisions of Cr.P.C. and it is their statutory right which cannot be curtailed or monitored by the High Court under Section 482. This being the position, in my view, at this stage, it will not be possible to stay the investigation or quash the FIR which is lodged against the present applicant. Liberty, however, is given to the applicant to apply for discharge at an appropriate stage before the appropriate court. 7 Application is disposed of. (V.M. KANADE, J.)