IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION NO.940 of 2006 (U/s 482 of Cr.P.C.) Bijendra Singh and two others …………Applicants Versus Civil Judge (J.D.)/Judicial Magistrate, Laksar and another …………Respondents Dated: July 30, 2010 Mr. Mahavir Singh Tyagi, Advocate for the applicants Mr. Amit Bhatt, Addl. GA for respondent no.1 None for respondent no.2 HON. DHARAM VEER, J. By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short, Cr.P.C.), the petitioners/applicants have sought quashing of the charge sheet as well as the order dated 22.6.2006 passed by Judicial Magistrate, Laksar in case no.241/2006, State v. Bijendra Kumar and others, under Sections 467, 468, 471, 341, 420, 504, 506 of The Indian Penal Code, 1860 (for short, the IPC). Heard learned counsel for the parties and perused the material available on file. Brief facts of the case are that respondent no.2 Jeet Singh lodged a First Information Report at P.S. Khanpur, District Haridwar on 2.2.2006 stating therein that he was having possession over the land in Khasra nos.7/24, 7/25 and 7/28 situated at Village Sherpur Bela Hridayrampur, Tehsil Laksar, Pargana Gordhanpur, District Haridwar. It is alleged that the applicant Bijendra Singh, by way of fraud and misrepresentations, has got the sale deed registered of the aforesaid land and the mutation of the same has been obtained by him in his name. It is further alleged that the 2 other applicants, namely, Ranjeet Kumar and Dhan Singh were the witnesses of the aforesaid registered sale deed. It is further alleged that on 26.1.2006 at about 5:30 PM, in order to take possession over the said land, the applicant Bijendra Singh along with his companions, reached in the land of the complainant. When the villagers of the complainant opposed the act of the applicant, the applicant gave filthy abuses to the complainant and also threatened him for life. With the same averments, the FIR was lodged by respondent no.2/complainant at P.S. Khanpur. After lodging of the FIR, the matter was investigated and on completion of investigation, the I.O submitted the charge sheet against the applicants in the court, on the basis of which, learned Judicial Magistrate, Laksar, District Haridwar vide his order dated 22.6.2006 taken the cognizance of the offence u/Ss 420/467/468/471/341/504/506 of IPC and summoned the applicants. Against the said charge sheet and the order dated 22.6.2006, the applicants have preferred this application u/s 482 Cr.P.C. before this Court. From a perusal of the contents of the First Information Report and after going through other papers available in file, I am of the view that prima facie a case under the aforesaid sections is made out against the applicants. Even otherwise, the trial court will decide the case after recording the evidence of the complainant as well as of the accused persons and also on the basis of the appreciation of the evidence as per law. It is well settled that while exercising jurisdiction under section 482 of the Cr.P.C., this Court would not ordinarily embark upon the enquiry as to whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. That is the function of the trial court. If the allegations made in the First Information Report 3 are taken at their face value and accepted in their entirety as well as on the basis of evidence collected by the I.O. during investigation, I am of the view that the charge sheet has rightly been submitted against the applicants and the applicants are accordingly rightly summoned by the trial court. The trial court will decide the case after recording the evidence adduced before it. I am of the view that in the present case there is neither any miscarriage of justice nor any abuse of process of court. For the reasons recorded above, there is no force in the application. The C482 application, being devoid of merit, is dismissed accordingly. Interim order dated 23.11.2006 stands vacated. (Dharam Veer, J.) 30.07.2010 RG