1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.254 OF 2009 Dr.Dinkar s/o Bhagaji Wankhede .. Applicant Versus The State of Maharashtra and others .. Respondents Shri R.P.Bhoomkar, Advocate for applicant Shri S.D.Kaldate, A.P.P. for respondents 1 and 2 Respondent No.3 served Shri V.R.Jain, Advocate for respondent No.4 CORAM : P.V. HARDAS, J. DATE : 26th February 2010 PER COURT 1. This is an application under Section 482 of the Code of Criminal Procedure for quashing and setting aside the first information report on the basis of which offence vide Crime No.2/2009, punishable under Section 33 of the Maharashtra Medical Practitioner’s Act, 1961 came to be registered against the present applicant. 2. With the assistance of Shri Bhoomkar, learned Counsel for the applicant I have perused the copy of the first information report at Exh.G. Perusal of the first information report at Exh.G clearly reveals the prima facie commission of the offence punishable under the aforesaid section. According to me, therefore, Section 482 of the Cr.P.C. cannot be invoked 2 for quashing of the aforesaid first information report in the present case. Necessary averments in support of the charge levelled against the present applicant are clearly spelt out in the first information report. 3. Shri Bhoomkar, learned Counsel for the applicant states that the lodging of the aforesaid first information report has been actuated out of malice as the applicant had filed a report against respondent No.4 and it is thereafter that the respondent No.4, who is a signatory to the complaint against the applicant, has moved the authorities for prosecuting the applicant. According to me, the aforesaid allegations do not unerringly point to the fact that the aforesaid report has been actuated out of malice or has been filed in order to wreck vengence against the present applicant. In any event, it is a matter of evidence which can only be done after the police investigate the aforesaid crime. In that light of the matter, therefore, according to me no case for interference is made out and consequently, the application being sans merit is, therefore, summarily dismissed with no costs. ( P.V. HARDAS, J.) (vvr/254.09criappln)