The learned Counsel for the petitioner contended that as on the date of the alleged incident, the petitioner was abroad and absolutely no material is produced by the prosecution to substantiate the allegation of conspiracy. The contention cannot be considered since, this Court, in exercise of the power under Section 528 of the Bharatiya Nagarika Suraksha Sanhita , is not expected to scrutinize the evidence. Needless to say, it will be open to the petitioner to raise all such contentions and let in evidence, to prove his innocence, before the trial court.