Court No. 6 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 80 of 2003 1-Manoj Jain (Sales Executive) s/o Sri Balesh Kumar Jain R/o Hundustan Coca-Cola Beverage Ltd., Opp. Rajeshwari Nursery, Police Station Doewala Mohakampur District Dehradun 2- Kapi Kasotia (A.S.M.) s/o Sri J.K. Kasotia R/o Hindustan Coca-Cola Beverage Ltd., Opp. Rajeshwari Nursery, Police Station Doewala Mohakampur District Dehradun 3- Imtiyaj Khan (G.S.M.) S/o Late M. Sardar Ali R/o Hindustan Coca-Cola Beverage Ltd., Opp. Rajeshwari Nursery, Police Station Dowwala Mohakampur District Dehraun …Applicants Vs. 1. State of Uttranchal 2. Sri Anuj Garg S/o Late Shri Mohan Lal Garg, R/o 240/12, East Deendyal, Purana Railway Road, Roorkee, Police Station Gang Nahar Roorkee District Haridwar … Respondents Sri Sandeep Tandon, Advocate, for the respondents. Learned A.G.A. for respondent no.1. Sri Rajendra Singh, Advocate, for the respondent no. 2. Dated: February 20, 2008 Hon'ble B.C. Kandpal, J. By way of this petition under Section 482 of Cr.P.C. the petitioners have sought the relief for quashing the impugned order dated 5.4.2003 passed by Judical Magistrate, Roorkee, District Haridwar, in Case No. 107 of 2003, State vs. Imtiyaj Khan & others, under Sections 406, 420, 468 I.P.C. and also quashing the charge sheet dated 17.11.2002 submitted in Case Crime No. 176 of 2002 as well as for quashing the entire proceedings of the aforesaid case. Brief facts of the case are the respondent no. 2 moved an application under Section 156(3) of Cr.P.C. before Judicial Magistrate, Roorkee, District Haridwar, against the petitioners, on which the learned Magistrate directed the Station House Officer concerned to investigate the case. Thereafter, the police in compliance of the order of learned Magistrate, registered the F.I.R. against the petitioners under Sections 406, 420, 468 of I.P.C., as Case Crime No. 176 of 2002. During investigation, Police recorded statements of witness under Section 161 of Cr.P.C. After investigation, the police submitted charge sheet against the petitioners on 17.11.2002 in respect of Case Crime No. 176 of 2002. Thereafter, the learned Magistrate on the basis of charge sheet submitted by the police, took cognizance against the petitioners and ordered the registration of the case vide order dated 5.4.2003. Being aggrieved, the petitioners filed this petition before this Court under Section 482 of Cr.P.C. Heard learned counsel for the parties and perused the record. Having considered the arguments advanced by learned counsel for the parties and perusing the documents filed before me, I am of the view that there is no flagrant injustice and abuse of process of court in this case. I do not find any mistake in the Impugned order passed by the Magistrate concerned. The points raised by learned counsel for the petitioners are the disputed questions of fact and the same require scrutiny by the trial court. I am not supposed to embark upon an enquiry with regard to the credibility of the evidence which is yet to be adduced before the trial court during the course of trial. Any judgment rendered by me at this stage would amount to a pre-trial as the evidence is still incomplete and hazy. The petition lacks merit and is liable to be dismissed. Accordingly, the petition filed under Section 482 of Cr.P.C. is dismissed. Stay order, if any, stands vacated. (B.C. Kandpal, J) SP