1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5332 OF 2009 Abbas Mohammed Shaikh ... Applicant versus Mr.Dinesh H. Bavishe & Anr ... Respondents ... Mr.M.K. Kocharekar for the applicant Mr. A.S. Shitole APP for the State. CORAM : D.G. KARNIK, J. DATED : 4th December 2009 P.C. 1. Heard. 2. By this petition, the applicant prays for quashing of an FIR registered with Kasturba Police station, Mumbai under C.R.No.17/09. Learned counsel for the petitioner submitted that FIR does not implicate the applicant at all and therefore the FIR may be quashed qua him. In my view, the case does not fall in any of the exceptions laid down in Supreme Court in the case of State of Haryana Vs. Bhajanlal 1992 SCC (Cri)426. 2 3. In the FIR, (page 23 of the writ petition) the complainant has specifically alleged that the applicant was acting as a middleman for the builder Radhakrishna Desai and was pastoring the complainant for vacating the house. Since the complainant did not agree his premises were demolished illegally and forcibly. It cannot be said that police should not even investigate the role, if any, placed by the complainant. The effect of quashing the FIR would be to prevent the investigation, which in the facts of the present case cannot be done. There is no merit in the application which is hereby dismissed. (D.G. KARNIK,J.)