IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. Criminal Misc. Application No. 87 of 2004 Kamlesh Kumar Karnatak, S/o Gauri Dutt Karnatak R/o Karnatak Khola, Almora, District Almora … Applicant. Vs. 1- State of Uttaranchal, 2- Chief Judicial Magistrate, Almora. 3- Investigation Officer ( in case crime No. 1782/2003/ P.S. Almora District Almora … Respondents. Dated: 08-01-2008 Hon’ble B.C. Kandpal, J. List has been revised. No has appeared on behalf of the petitioner inspite of sufficient information. 2- Heard Sri Prabhakar Joshi, learned A.G.A. and perused the record. 3- By way of this petition U/S 482 of the Cr.P.C. the petitioner has sought the relief to quash the charge sheet dated 16-12-2003, submitted in case crime No. 1782/2003, U/Ss 420, 467, 468, 471 I.P.C., in Criminal Case No. 21/2004, pending before Chief Judicial Magistrate, Almora. 2- Brief facts giving rise to this petition are that the applicant retired from the post of Patwari (Sadar) in July 2000. After his retirement, he was issued show cause notice dated 24.9.2003, by the Office of the District Magistrate, Almora in relation to an inquiry in a wrong mutation proceeding in Khata No. 103 Area 25 Nalis. Lateron after department inquiry, an F.I.R. was lodged against the petitioner and one another U/Ss 420, 467, 468, 471 I.P.C. The police after doing investigation in the case submitted charge sheet against the petitioner. The petitioner filed this petition before this court for quashing the charge sheet on the ground that he has acted bonafidely while discharging the duty as Patwari. The F.I.R. has been lodged on wrong facts. No direct role has been assigned to the petitioner by the witnesses during investigation and the charge sheet has been submitted without there being prima facie evidence against the petitioner. Therefore, there is abuse of process of the court in the instant case. 3- After having considered the grounds taken by the petitioner for quashing the charge sheet and hearing the learned A.G.A., I do not find any abuse of process of Court in the instant case. The police after making thorough investigation and finding prima facie case against the petitioner/accused submitted the charge sheet. The grounds taken by the petitioner in his petition are disputed questions of fact and this court while exercising the jurisdiction U/S 482 Cr.P.C. cannot adjudge the same as the evidence is yet to be adduced before the trial Court. I do not find any ground to quash the charge sheet submitted against the petitioner. This Court will not be justified in going into the disputed question of fact by appreciating the documents and evidence produced before it by treating them as evidence to hold the accused person as innocent because it will amount to pre-trial of a criminal case under inherent powers of the Court. The petitioner will have an opportunity to defend his case before the trial court. 5- In view of above facts of the case, the petition lacks merit and is liable to be dismissed. 6- Accordingly the petition is dismissed. The interim order dated 4-3-2004 stands vacated. (B.C. Kandpal, J.) ISB