IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION No. 986 Of 2009 Manoj Kumar Sharma S/O Shri Surajmal, R/O Adhoiwala-II, P.S, Raipur, Dist-Dehradun ……………. Applicant Versus 1. The State of Uttarakhand through Home Secretary, D.dun 2. Shri Haneef S/O Karimuddin, R/O Village Laxmipur, P.S, Sahaspur, Dsitrict-Dehradun ………….. Respondents Shri Vinod Sharma, Advocate present for the petitioner Shri M.A.Khan, Brief Holder present for the State Hon’ble Prafulla C. Pant, J. Heard learned Counsel for the petitioner, and learned Counsel for the State. (2) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of criminal case no. 941 of 2009 State vs. Manoj Kumar Sharma, relating to offences punishable under section 420, 467, 468, 471, 120B I.P.C, pending in the court of Judicial Magistrate, Vikas Nagar, Dehradun. 2 (3) Learned Counsel for the petitioner submitted that the petitioner is a bonafide purchaser of the property. It is further pleaded that since there was no criminal intention on his part of the petitioner as such the offences, in respect of which charge sheet is filed are not made out. (4) Having considered submissions of learned counsel for the petitioner and learned counsel for the state, this court is of the view that in the fact of circumstances of this case, it is a question of fact whether the petitioner is bona fide purchaser, or not, and had he had complicity with the seller, in purchasing the property in question or not. This court in its jurisdiction under section 482 of Code of Criminal Procedure cannot discuss the issue, on the basis of half-baked evidence. It is for the trial court to see after recording evidence, if the petitioner is a bona fide purchaser and as to whether there is his complicity in commission of crime or not. (5) For the reasons as discussed above, this petition under section 482 of Cr.P.C is dismissed with the observation that if the petitioner Manoj Kumar Sharma surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. (Prafulla C. Pant, J.) Dt.15.4.2010 N.P 3