IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 332 of 2005 Balgiri Chela … Applicant Vs State of Uttaranchal & another … Opposite Parties Hon’ble B.C. Kandpal, J. List has been revised. None has appeared on behalf of the petitioner/applicant before the Court to argue the case. Sri S.S. Adhikari, learned A.G.A. for the State/respondent No. 1 is present before the Court. 2. Heard Sri S.S. Adhikari, learned A.G.A. for the State and perused the record. 3. This petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing the proceedings of Case No. 5023 of 2004, State Vs Balgiri, under Sections 420, 467 of I.P.C. pending in the court of Chief Judicial Magistrate, Haridwar. 4. Having considered the submission advanced by learned counsel for the respondent 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. The evidences are incomplete and hazy as yet. This Court while exercising the jurisdiction under Section 482 Cr.P.C. is not supposed to act as a trial judge. The averments made in the petition are the disputed question of fact, which can be assessed and judged by the trial court. I am not supposed to embark upon an enquiry with regard to the credibility of the evidence at this stage. Any judgment rendered by me would amount to premature judgment where the evidence is still 2 incomplete and hazy. The applicant shall have an opportunity to place the evidence in their defence before the trial court where the matter shall be finally adjudicated after considering the entire evidence. I do not find any merit in this case at this stage. 5. Accordingly, the petition filed under Section 482 Cr.P.C. is dismissed. 6. Consequently, the stay order dated 09.06.2005 stands vacated. 17.05.2010 ASWAL (B.C. Kandpal, J.)