1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application (APL) No. 253/2011 Abdul Jabbar s/o. Mohd. Yusuf Bafati & ors. V/s. The State of Maharashtra ----------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. ----------------------------------------------------------------------------------------------------------- Mr ٌR. M. Pande, Adv for applicant Mr. M.K. Pathan, APP respondent Coram: A. P. Bhangale, J Dated: 7th June 2011 1. By this application, filed under Section 482 of the Code of Criminal Procedure, the applicants (original accused) are seeking to quash and set aside the First Information Report No. 212/2010, registered with Tahsil Police Station, Nagpur, dated 04/12/2010, for the offences punishable under Section 143, 147, 148, 149, 452, 326 and 427 of the Indian Penal Code. 2. Complainant Virendra Shahu s/o Badriprasad Shahu lodged police report to the effect that accused together with their associates per force, after forming unlawful assembly, entered the shop of complainant and they made assault on the complainant, his brother and his brother’s wife by means of 2 weapon “fighter”. Accused caused injuries to the eye and nose of the complainant and others; threw the grocery items in the shop and thereby caused damages worth Rs. 500/- to the complainant. 3. Learned counsel for the applicants contended that complainant received linear abrasion on eye brow and received incised wound of 3 x 0.5 cm which is said to be a “grievous” injury and the other injuries caused to the ring finger was simple injury as per the medical report (page 19 of the application). He further submits that, complainant’s brother did not receive any injury muchless grievous injury. 4. There is no merit in the arguments advanced by the learned counsel for the applicants. Medico-Legal Certificate issued by the Medical Officer, Indira Gandhi Medical College, Nagpur, indicates that one of the two injuries is grievous. Learned counsel for the applicants tried to distinguish the “grievous” injury as is understood by virtue of Section 326 of Indian Penal Code. Precise enough, if according to the applicants, the injury was not that grievous as is sought to be contended, it is open for them to pray before the trial Magistrate to frame charge for lesser offence (s). 5. At any rate, the applicants have failed to establish before me that the First Information Report lodged against them 3 is liable to be quashed and set aside in exercise of the powers conferred on this Court under Section 482 of the Code of Criminal Procedure. 6. Application is accordingly dismissed. JUDGE Punde