1 Criminal Writ Petition No.912/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.912 OF 2010 Shaikh Sikandar Shaikh Budhan & ors. ... PETITIONERS VERSUS State of Maharashtra & anr. ... RESPONDENTS ..... Shri P.P. Khandagale Patil, Advocate for petitioners Shri N.B. Patil, A.P.P. for respondent No.1. ..... CORAM : K.U. CHANDIWAL, J. DATE : 8th February, 2011 PER COURT : 1. Heard. Exercise of powers under Section 482 of the Criminal Procedure Code is sought. Counsel informs that, respondent No.2 (original complainant) is already facing two prosecutions initiated by the applicants and the prosecution by virtue of F.I.R. No.135/2010 is abuse as no incident has taken place giving rise to infraction of Section 394 of the Indian Penal Code. 2. At this stage of the matter, it cannot be said that the allegations in the F.I.R. and the other material do not disclose cognizable offence against the accused/ applicants herein. It may 2 Criminal Writ Petition No.912/2010 be that there are other prosecution faced by respondent No.2, however, it can be dealt at appropriate place, but by virtue of powers under Section 482 of the Criminal Procedure Code, the F.I.R. cannot be branded at this stage to be a vendetta and creating to take benefit of another situation. Consequently, the petition is laking merits, dismissed. K.U. CHANDIWAL JUDGE fmp/cwp912.10