AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1680 OF 2009 Ritesh Kantilal Oswal ... Petitioner Vs. The State of Maharashtra & Anr. ... Respondents Mr. Girish Kulkarni i/b Mr. Tania Johny for the petitioner. Ms. P.H. Kantharia, A.P.P. for the State. Ms. S.K. Khot for the complainant. CORAM : SMT. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 15TH JULY, 2009. P.C.:- 1. The petitioner has prayed that FIR No.64 of 2009 dated 21/6/2009 registered by the Chiplun Police Station be quashed. The said FIR is lodged by respondent 2 alleging offences under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 354 of the Indian Penal Code. AJN 2 2. We have heard, at some length, Mr. Kulkarni, learned counsel appearing for the petitioner, Ms. Khot, learned advocate appointed for the complainant and Ms. Kantharia, learned A.P.P. for the State. 3. Having perused the complaint, we are of the opinion that it is not possible for us to quash the complaint because, it cannot be said prima facie that the complaint does not disclose any offence at all. Needless to say that, we have not expressed any final opinion as to whether the allegations made in the complaint are true or not because that can only be decided by the trial court after the evidence is led. 4. Ms. Kantharia, learned A.P.P. on instructions from Ms. Namrata Patil, Dy.S.P. Khed, who is present in the court states that the charge-sheet will be filed before the Special Court, Khed on Monday, the 20/7/2009. Learned counsel for the petitioner states that on the day when the AJN 3 respondents file charge-sheet in the Special Court, the petitioner will surrender. 5. Needless to say that if any bail application is filed, the Special Court shall consider it expeditiously and in accordance with law. With the above observation, the petition is disposed of. 6. We thank Ms. Khot, advocate appointed for the complainant for having assisted the court ably. [SMT. RANJANA DESAI, J.] [R.G. KETKAR, J.]