1 16.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 16 OF 2010 Labh Singh ..Applicant Vs The State of Maharashtra & ors..Respondents Mr.Ravir Shekhawat for Applicant Mr.R.M.More APP for Respondent-State Mr.Shaunak Mehta for Respondent no.2 CORAM : N.D.DESHPANDE,J. DATED : January 27, 2011 P.C. 1. Heard both sides. The Applicant is an accused in a Criminal Case No.92/PS/2009 pending before the Metropolitan Magistrate, 38th Court, Ballard Pier, Mumbai.Charge sheet is filed by the M.R.A.Marg police station under sections 279 and 336 of IPC. It is on a complaint of Mr.Satish Parekh who is occupying office premises belonging to the applicant/accused and there is a pending dispute about the said premises for 2 16.10 eviction. Thus, it is seen that the parties had strained relationship. 2. As per the Applicant, it is a false case and the charge sheet filed does not disclose the essential ingredients of sections 279 and 336 of IPC. 3. Perused the complaint i.e. FIR. The Complainant suspected applicant/accused for cutting the electricity supply to his office premises and it was told to him by one peon of the next door neighbor. 4. Heard both sides. According to the petitioner/accused, offences under section 279 and 336 of IPC are not very serious. Moreover, there are no allegations by the police that the accused was driving his vehicle rashly and/or negligently on public road. The accused is aged 70 years old and further stated that the whole prosecution is false and the charge would be groundless regarding the incident which had taken place on 12.7.2008 at around 12.30 p.m. as per the complaint/FIR of the complainant/respondent. 3 16.10 5. According to me, the credibility and veracity of the complaint cannot be judged at this stage and the relevant evidence on the point of charge whether groundless or not would be taken into consideration in the trial court in further course of proceedings. Such arguments cannot be taken into consideration at this stage by this Court in its extra-ordinary jurisdiction or inherent powers under section 482 of the Code of Criminal Procedure because those are questions of facts. 6. Considering the old age of the applicant and nature of the dispute between the landlord and tenant relationship, the trial Court may consider his request for exemption from personal appearance during trial and for expediting the same on an application to be made by the petitioner. Liberty to make an appropriate application which would be decided by the trial court after hearing both sides. 4 16.10 Application disposed of. N.D.DESHPANDE, J