IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Misc. Application (C-482) No. 842 of 2010 1. Jogendra Singh S/o Sri Amar Singh R/o Police Station Kotwali premises, District Moradabad (U.P.). 2. Deo Karan Cane S/o late Sri Dal Chandra Deputy Superintendent of Police Power Corporation, Meerut 55 / 11, Shastri Nagar, Meerut (U.P.). ...…………. Petitioners Versus Central Bureau of Investigation. ...…………. Respondent Mr. Swapnil Bisht, Advocate, present for the petitioners. Mr. Bhuvnesh Joshi, Advocate, holding brief of Mr. Vivek Shukla, Advocate present for C.B.I. Hon’ble Prafulla C. Pant, J. Heard. 2) Learned counsel for the petitioners submitted that rejoinder affidavit dated 03.01.2011, has wrongly been filed by the petitioners in this case (which pertains to some other case). 2 3) The petitioners are allowed to withdraw the rejoinder affidavit dated 03.01.2011. Withdrawal Application No. 631 of 2011 stands disposed of. 4) Also, heard on the admission of the petition. 5) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners have sought quashing of the proceedings of Criminal Case No. 1629 of 2002, C.B.I. Vs. D.K. Cane and others, relating to offences punishable under Section 147, 148, 149, 307, 332, 333, 336, 436, 427, 504, 324, 323 of I.P.C., pending before the C.B.I. Court at Dehradun. 6) Factual pleas have been raised in the affidavit of Jogendra Singh (petitioner No. 1) filed with the petition. These factual pleas which relate to the incident dated 01.09.1994, cannot be appreciated by this court, in its jurisdiction under Section 482 of Cr.P.C. The criminal trial appears to be pending for last more than eight years. 7) In the above circumstances, this court is not inclined to interfere with the trial of the case. Therefore, without expressing any opinion as to the final merits of the case, the petition under Section 482 of Cr.P.C. is dismissed with the observation that if 3 petitioners, namely Jogendra Singh and Deo Karan Cane are not on bail, and they surrender before the court concerned, on the next date, their bail application shall be heard and disposed of without unreasonable delay keeping in mind that they have pleaded that they were discharging the public duties at the time of the alleged incident. (Interim Relief Application No. 1016 of 2010 also stands disposed of). (Prafulla C. Pant, J.) Dt. June 17, 2011. H. Negi