1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4131 OF 2007 Shri Tryambak Vishwanath Pawar .... Applicants & Anr. Vs. The State of Maharashtra & Anr. .... Respondents Mr. B.G. Vaidya, Advocate for Applicants. Mr. V.V. Purwant, Advocate for respondents Mrs. A.A. Mane, APP for State. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 9th January, 2009 P.C. 1. By this criminal application, the applicants seek to quash and set aside the F.I.R. being C.R. NO.230 of 2007 dated 9th July 2007 lodged in Bhosari Police Station at Pune. Respondent No.6 is the complainant. The applicants contend that on the date and time of the alleged incident, they were at the distance of about 400 kms. attending to their official duties as teachers in school by name Shanteshwar Vidyalaya, village Sastur, Tal. Lohara, District Osmanabad. The present application was filed on 5th December 2007. About 2 months prior i.e. on 17th August 2007, the charge sheet had been filed by the Police. Since the applicants seek quashing of the proceedings based on their defence of 2 alibi and since the charge sheet had already been filed prior to filing the present application, it is only appropriate that they file an application for discharge before the trial Court. Therefore, the application is dismissed. The applicants are at liberty to file an application for discharge before the trial Court. (SMT.R.P. SONDURBALDOTA,J)