The plea of alibi and jurisdiction should be raised before the trial court and cannot be decided at the pre-trial stage.

Heard Sri Sidhartha Sah learned counsel for the applicants Sri L.P. Naithani learned senior counsel & Sri Lalit Sharma learned counsel for the respondent No.3 and learned A.G.A. for the State.

2. This is a petition under section 482 of the Code of Criminal Procedure for quashing of the charge-sheet No. 304 dated 22-9-2003 State Vs. Shiv Kumar Patwa and others pending before the CJM, Rudrapur, District Udham Singh Nagar.

3. Brief facts of the case are that on 16-2-2003 an FIR was lodged by the respondent no. 3- Smt. Monu Patwa with the allegations that the respondent no.3 was married with brother of applicant no.1- Shiv Kumar Patwa on 7-12-2000 at Rudrapur. After the marriage the respondent no. 3 started living in her matrimonial house at Bhopal. Thereafter, accused persons namely, Shiv Kumar Patwa (husband), Kanhaiya Lal Patwa (father-in-law), Shanti Devi Patwa (motherin-law), Sanjay Patwa (brother-in-law) and Vijay Laxmi (sister-in-law) subjected cruelty on her in connection with the dowry demand. It has been further alleged that in the morning of 13-2-2003 in Bhopal the aforesaid accused persons tortured respondent no. 3 in connection with the dowry demand and raised a demand of Rs. 10 lakh in cash, a car, computer and share in paternal property. She was threatened, tortured and beaten for the same. Then, the respondent no.3 requested her in-laws that she will arrange the dowry from her father at Rudrapur. Hence she was brought by her in-laws to Rudrapur from Bhopal on 15-2-2003 where she was again tortured and beaten for dowry demand. Thereafter, the FIR was lodged by the respondent no.3. Then, the police investigated the matter as usual which culminated into the submission of the charge-sheet against the present applicants.

4. Feeling aggrieved by this, the applicants have come up before this Court.

5. It need to be mentioned here that the grounds on which power under section 482 of the Code can be exercised to quash the criminal proceedings are : (i) where the allegations made in the FIR or complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused (ii) where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused, (iii) where there is an express legal bar eng rafted in any of the provisions of the 'Code' or the Act concerned to the institution and continuance of the proceedings. But this power has to be exercised in a rare case and with great circumspection. .

6. It was contended that the incident occurred at Bhopal where the applicant was not present on the date of incident. The applicant no.1 is working with Bank of India, Kukshi Branch, District Dhar, M.P. which IS a considerable distance from Bhopal and he has been working there since 5-9-2002. The applicant no. 1 has also filed a certificate to this effect that during the period 1-2-2002 to 16-2-2003 the applicant no. 1 attended his working continuously and he did not leave his headquarter Kukshi. The husband of the respondent no. 3 is B.A. M.S. doctor and is posted as Biaora, District Rajgarh (M.P.) In Arshi Hospital. These facts have not been taken into account by the I.O. prior to the filling of the charge sheet. The learned counsel for the respondent refuted the contention and it was submitted that the respondent No.3 alongwith her husband, father-in-law, mother-In-law came to Rudrapuron 15-2-2003 and they again despite the assurance given by the parents of the respondent NO.3 that the demand will be considered but the respondent NO.3 was again beaten by her in-laws. Accordingly on 16-2-2003 an FIR was lodged. The learned counsel for the respondent has further submitted that the brother of the applicant no. 1 is a doctor and was at Bhopal on the relevant date i.e. 14-2-2003 and his wife permanently resided wit