1 criap-3747.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3747 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and the Registrar's orders. Court's or Judge's orders Coram: A. H. Joshi and A. R. Joshi, JJ. Date : 29th August 2011 Shri R.M. Deshmukh, Advocate, for applicants. Shri N.R. Shaikh, A. P. P. for the Respondents. -------- 1. The applicants are named as accused in the F.I.R. Initially, the F.I.R. was lodged only against applicant No.1, while applicant No.2 is arrayed, in view of the statement made by co-accused Ferozkha Jabarkha Pathan. 2. Learned Advocate for the applicants urged for quashing of the F.I.R., by submitting that the statement of the co- accused cannot be relied on, in view of Section 23 of the Evidence Act and, therefore, according to him, the applicants could never have been arrested in the crime which has already been registered. 3. Whether the applicants-accused are falsely involved in the offence, or they are innocent, is a defence, and is not a ground sufficient for quashing the F.I.R. at this stage itself. 2 criap-3747.11 4. We find no ground to grant any indulgence. 5. The application is, therefore, rejected. (A. R. JOSHI, J.) ( A. H. JOSHI, J.) pnd/criap-3747.11