JUDGMENT

G.P. Mathur, J. — 1. Leave granted.

2. This appeal, by special leave, has been preferred against the judgment and order dated 8.10.2004 of Bombay High Court by which the revision preferred by the respondent was allowed and the order dated 12.8.2004 passed by the learned Sessions Judge, Dadra & Nagar Haveli, Silvassa, summoning Shri S.P. Marwah, the then Collector, Dadra & Nagar Haveli, Silvassa under Section 311 Cr. P.C. was set aside.

3. One Damabhai Lasyabhai Choudhary lodged an FIR at 8.30 p.m. on 29.4.1996 at P.S. Khanvel alleging that on the instigation of accused A-7, A-8 and A-9 accused A-1 to A-6 had assaulted the deceased Bapjibhai Bhoya and caused injuries to some others. The respondent herein Fatehsinh Mohansinh Chauhan is A-7 and he was assigned the role of instigation Maro Maro, Pakdo Pakdo. After usual investigation charge sheet was submitted against all the nine accused and the case was committed to the Court of Sessions. In his statement under Section 313 Cr.P.C. which was recorded after close of the prosecution evidence, the respondent took a plea of alibi and submitted that he is a prominent member of a political party and at the time of the incident, he