It is evident that FIR in the case was lodged on the statement of Malwinder Singh Padher, who stated that on 8th March, 2008, he had gone to Sirhind (Punjab) alongwith his family. On 1st May, 2008 at 8.30 P.M. after purchasing shoes for his children, he was entering his Indica car bearing No. PB-12Y-4949, when one fashionable young man came from behind and held his neck. He inflicted a Kirch blow on the face of the complainant injuring his nose and left cheek. Second blow of Kirch was inflicted on right side of his stomach. Certain other injuries were also inflicted on the complainant due to which he raised alarm. The assailant fled away in a Maruti car. Later the complainant came to know that when injuries were being inflicted, two unknown persons were present at the spot in a car to help the assailant to flee. Name of the petitioner surfaced during investigation conducted by the police. In view of this, argument of the counsel that FIR qua the petitioner deserves to be quashed as he was not present at the scene of occurrence, is devoid of merit. The plea of alibi raised by the petitioner can only be gone into at the stage of trial as the same would essentially require some evidence to be led before the court. As regards plea for quashing of the order, Annexure P-6 declaring the petitioner as proclaimed offender, learned counsel has not been able to
