IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION NO.758 OF 2005 (U/s 482 of Cr.P.C.) Jai Dutt Bhatt and others …………Applicants Versus Munsif Magistrate, Ranikhet, District Almora and others …………Respondents Dated: July 14, 2010 Mr. Siddhartha Bisht, Advocate for the applicants Mr. Amit Bhatt, Addl. GA for respondent nos.1, 2 and 4 None for respondent no.3 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 dated 2.8.2005 as well as quashing of proceedings in pursuant to the aforesaid charge sheet filed against the applicants. Heard learned counsel for the parties and perused the entire material available on file. Brief facts of the case are that respondent no.3 Chetram lodged a report with Kotwali Dwarhat on 8.6.2005 with the allegations that he had possession over 33111 land, which he had purchased from Smt. Musa Devi. It is alleged that in the year 1997 the applicants and other co-accused forcefully taken illegal possession over the said land for which he made complaint to higher officials but all were in vain. It is averred that the respondent no.3 is a member of Scheduled Caste society and he is being tortured by the 2 applicants and other co-accused. With the same averments, the First Information Report was lodged by respondent no.3 Chet Ram with Kotwali Dwarhat on 8.6.2005. On the basis of this FIR, a case u/s 147 of IPC and 3(1)(iv) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Act) was registered against the applicants and co-accused in the police station. Thereafter the matter was investigated and after completing the investigation, the Investigating Officer submitted the charge sheet against the applicants and other co-accused on the basis of which a Criminal Case was registered and criminal proceedings were initiated against the applicants and other co-accused. Against the said charge sheet dated 2.8.2005 and the criminal proceedings initiated against the applicants, 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, prima facie a case under Section 147 of IPC and Section 3(1)(iv) of the Act 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 are taken at their face value and accepted in their entirety as well as on the basis of the evidence collected by the I.O. during investigation, I am of the view that the charge sheet 3 is rightly submitted against the applicants and the criminal proceedings are accordingly rightly initiated against the applicants. 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 C482application, being devoid of merit, is hereby dismissed. Interim order dated 28.10.2005 stands vacated. (Dharam Veer, J.) 14.07.2010 RG