IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 840 of 2011 1. Nand Kishore S/o Ilamchand 2. Daulat Ram S/o Ilamchand All R/o Village Toda Kalyanpur P.S.Kotwali, Roorkee District Hardwar ………………..petitioners Versus Jyotiram S/o Kaluram R/o village Brahampuri P.S. Ranipur District Hardwar …..............Opposite party Shri S.K.Shandilya, Advocate, present for the petitioners 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 petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 76 of 2007, Jyotiram vs. Mukesh and others relating to offences punishable under section 323, 325, 440, 452, 504 and 506 I.P.C., I.P.C., Police Station Ranipur, District Hardwar, pending in the court of IInd Additional Civil Judge (Senior Devision)/Additional Chief Judicial Magistrate, Hardwar. (3) Learned counsel for the petitioners pleaded that petitioners have been falsely implicated in the criminal case, after a criminal case was filed against the complainant (Jyotiram) relating to offences punishable under section 498A, 323 of I.P.C., and one punishable under section ¾ of Dowry Prohibition Act, 1961. (4) Having considered submissions of learned counsel for the petitioners, nature of injuries suffered by the complainant, and after going 3 through the papers on record, this court is not inclined to interfere with the trial of the case, as the factual pleas of innocence raised by the petitioners can be better examined by the trial court after recording evidence. (5) Therefore, without expressing any opinion as to final merits of the case, the petition under section 482 of Cr.P.C., is dismissed summarily with the observation that if the petitioners namely Nand Kishore and Daulat Ram appears before the trial court, their bail application shall be heard and disposed of without unreasonable delay, particularly keeping in mind that petitioner no. 2 Daulat Ram, appears to be out of India on the date of incident, as is evident from the endorsements made in his passport. (Prafulla C. Pant, J.) Dt.19.09.2011 N.P 4