C-482 No. 672 of 2007 Hon. Prafulla C. Pant, J. Mr. Vinod Sharma, Advocate present for the petitioner. Mr. B.S. Parihar, Brief Holder present for the respondent State. Heard learned counsel for the parties. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of Criminal Case No. 637 of 2005, State Vs. Harish Chandra Singh Karakoti, relating to offence punishable under Section 409 of I.P.C., police station Dalanwala, pending in the court of Chief Judicial Magistrate, Dehradun. Learned counsel for the petitioner submitted that the ingredients of the offence punishable under Section 409 of I.P.C. are not made out from the allegations made in the first information report. It is submitted that no wrongful gain could have been secured by the petitioner in causing the loss alleged in the final report submitted by the Investigating Officer, for which the crime has been registered against him. In the petition it has been pleaded that there was no malafide on the part of the petitioner. It is further pleaded that the petitioner is innocent. Having heard learned counsel for the parties and after going through the papers on record, this Court is of the view that whether the petitioner is innocent or not, whether he had any criminal intention or not, whether there was any wrongful gain or not, are the questions of fact to be seen by the trial court, after recording the evidence. It is true that generally for simple loss of a document first information reports are not lodged. But, this Court is of the view that since the matter involves correctness of the factual points raised by the petitioner, this Court in its jurisdiction under Section 482 of Cr.P.C. cannot go into it on the basis of half baked evidence before it. It is open for the petitioner to challenge all these facts before the trial court to show that he is innocent. With the above observation, this petition under Section 482 of Cr.P.C. is dismissed. It is directed that if the petitioner surrenders before the court concerned, and moves application for bail, his bail application shall be heard and disposed of without unreasonable delay. (Prafulla C. Pant, J.) 04.03.2010 HN