PREM MASIH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admitted. Heard finally by consent of parties. Heard learned counsel Mr. S.I. Khan, learned counsel for the applicant; Mr. S.S. Doiphode, learned Addl. P.P. for respondent no. 1 and Mr. Prashant Keole, learned counsel for respondent no. 2. In the first place, it may be stated that the applicant has not filed Revision Application in the Sessions Court against the order of learned Magistrate. However since the respondent no. 2 has not seriously raised the issue as to whether the applicant should have, in the first place, moved the Sessions Court, the said issue is not being touched in the present order.

(2.) As far as the merits of the case are concerned, the applicant is one of the accused in private Criminal Complaint No. 126/2000 pending in the Court of learned Judicial Magistrate, First Class, Nagpur. He is facing charges for the offences punishable under Sections 323, 506 and 448 of the Indian Penal Code. It is submitted by learned counsel Mr. S.I. Khan that the applicant was not in Nagpur on the day of the incident. The incident had allegedly occurred at Nagpur. The applicant has got certain documents to establish that he was out of Nagpur at the time and on the date when the incident had allegedly occurred. These are the facts which will have to be taken into consideration by the trial Court. It is not permissible for this Court to examine the genuineness or otherwise of those documents and give a finding as to whether the applicant was in Nagpur or out of Nagpur. In view of this, I do not find any substance in the Application. The same deserves to be dismissed and is accordingly dismissed. The Application stands disposed of in above terms.