IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 705 of 2010 Akhilesh Kumar Verma S/o Late Bishambar Datt Verma CPF No. 47235, Superintendent Engineer, (C & M), Engineering Services, ONGC, Tripura Asset, Agartala ………………..Applicant Versus 1. State of Uttarakhand through Principal Secretary Home, Dehradun. 2. Superintendent of PoLice CBI Branch SPE, Dehradun ………….Opposite parties Shri Bhupesh Kandpal , Advocate, present for the petitioner Shri S.S.Adhikari, A.G.A., present for the State Shri Arvind Vashistha, Advocate, present for CBI Hon’ble Prafulla C. Pant, J Heard. 2 (2) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner Akhilesh Kumar Verma has challenged the proceedings of Criminal Case No. 06 of 2010, C.B.I. vs. Akhilesh Kumar Verma, relating to offences punishable under section 120B and 420 of I.P.C, pending in the court of Judicial Magistrate, C.B.I. Dehradun. (3) Brief facts of the case, are that, the petitioner Akhilesh Kumar Verma, is a Superintendent Engineer with Oil & Natural Gas Commission (O.N.G.C), presently posted in Tripura. The allegation against him is this, that he secured the job in the year 1981 with the aforesaid organization by using a Scheduled Caste Certificate in his favour while actually he was member of Other Backward Caste. Precisely, the allegation is this, that the caste shown by the petitioner was “ Hindu Dhobi” for securing the job, but he was the “ Sunar” by Caste. The C.B.I., after investigation has submitted charge sheet before the trial court. (4) Learned counsel for the petitioner pleaded before this Court that the caste certificate issued in favour of the petitioner is a genuine one. He further pleaded that the petitioner is innocent, and he has prayed no fraud with the department. 3 (5) On the other hand, learned counsel for the C.B.I., submitted that investigation reveals that the petitioner's elder brother and other members of family belong to “ Sunar” community, as such, it can not be said that the petitioner belonged to “ Dhobi” community. (6) Considering the pleas and counter pleas raised before this court, it is evident that there is disputed question of fact as to the caste of the petitioner, which requires to be examined by the trial court after recording the evidence. This court in its jurisdiction under section 482 of Cr.P.C., can not examine such factual disputes which requires evidence of the witness. (7) Therefore, without expressing any opinion as to final merits of the case, pending before the trial court, this petition under section 482 of Cr.P.C., is dismissed with the observation that if the petitioner Akhilesh Kumar Verma surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. (Prafulla C. Pant, J.) Dt.30.12.2011 N.P 4