1 criap-3408.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3408 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 : 24th August 2011 Shri P.B. Rakhunde, Advocate, for applicant. Smt.S.D. Shelke, APP, for Respondent No.1. ---------- 1. By this application, the applicant is praying that FIR in connection with C.R. No. 22/2011 dated 11.5.2011 under Section 306 read with Section 354 of the Indian Penala Code, registered with Police Station, Lohara, Taluka and District Osmanabad, in which the applicant is named as accused, be quashed. 2. It is alleged in the FIR that the applicant-accused had outraged the modesty of the complainant's wife Ragini, by coming to her residence and as a result thereof, she committed suicide, by pouring kerosene on her person and putting herself ablaze. 2 criap-3408.11 3. The quashment is prayed on following grounds; (i) That, the dying declaration of Ragini was recorded on 30.3.2011 in which she did not name anybody, including the applicant. (ii) FIR was lodged only after death of Ragini and is delayed by 41 days from the date of the incident, (iii) The dying declaration is a weak piece of evidence and cannot be used against the accused person. 4. After hearing learned Advocate for the applicant and on perusal of the record annexed to the application, we are of the considered view that, at this stage what is to be seen is: (a) whether the contents of the FIR disclose commission of offence by the applicant. (b) Whether on the face of it, it is manifest that FIR is lodged for abuse of process of law. 5. It is seen from the FIR that commission of offence by accused person is reasonably described. At this stage, it would be premature to hold that the FIR is totally false, or is vexatious, berely due to delay and/or the contents of dying declaration. 3 criap-3408.11 6. Therefore, the police would be justified in proceeding further with the investigation. 7. That no offence is committed by the applicant; the complaint is false and the dying declaration may not be used against the accused, are the grounds of defence, and availability of these grounds does not constitute to be sufficient grounds at this stage to quash the FIR itself. 8. We are, therefore, not inclined to entertain the application. 9. Hence, the application is dismissed. (A. R. JOSHI, J.) ( A. H. JOSHI, J.) pnd/criap-3408.11