1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APL) NO.125/2011. (Vishnu Rajaram Vairagade Vs. State of Maharashtra and another) -------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. A.S. Bhendarkar, Advocate for the Applicant. Mr. D.M. Kale, APP for the Respondent No.1/State. --- CORAM : A.P. BHANGALE, J DATE : 20 th JULY, 2011. Heard. The applicant by this application under Section 482 of Cr.P.C. has prayed for quashing and setting aside F.I.R. No.66/2010 which was registered by Desaiganj Police Station under Sections 294, 323, 506, 353, 354 r/w section 3 (1) (x) of the S.C. & S.T. (Prevention of Atrocities) Act, 1989. Learned APP who opposes this application submits that charge-sheet is already filed by the prosecution on 22.11.2010 and therefore, the present applicant can avail of the alternate efficacious remedy by making an application for discharge and may claim discharge from the case. It is further submitted that the prosecution has investigated the crime through the Deputy Superintendent of Police and the accusations are serious. He therefore, prayed that exceptional 2 power under Section 482 of Cr.P.C. may be exercised in this case. Considering the nature of accusation disclosed in the complaint dated 21.10.2010 by the first informant. It appears that serious accusations have been made out which may constitute the offences punishable under Sections 294, 323, 506, 353, 354 r/w Section 3 (1) (x) of the S.C. & S.T. (Prevention of Atrocities) Act, 1989. Considering that the applicant has an alternate efficacious remedy for claiming discharge from the case and that there are serious accusations, I am not inclined to exercise inherent powers to quash the prosecution, since it may stifle the legitimate prosecution. For the above reasons, the application is dismissed. JUDGE NSN