Reserved IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C-482 No. 799 of 2010 Gobind Lal Shah and others ` …….Applicants. Versus State of Uttaranchal & others ……Respondents. Mr. S.K. Mandal, Advocates for the applicants. Mr. Nandan Arya, learned Assistant Government Advocate for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. Heard Mr. S.K. Mandal, Advocate for the applicants as well as Mr. Nandan Arya, learned Assistant Government Advocate for the State of Uttarakhand. This Criminal Misc. Application under Section 482 Cr.P.C. has been filed before this Court by the applicants challenging the order dated 22.7.2010 passed by the Additional Sessions Judge/First Fast Track Court, Rudrapur, District Udham Singh Nagar whereby charges have been framed against the applicants under Sections 147/148/436/427 of I.P.C. arising out Case Crime No. 377 of 2001 State Vs. Govind Lal Sah and five others. Contention of the applicants is that there was no material for the Sessions Court to frame charges against the applicants and the applicants were liable to be discharged under Section 228 Cr.P.C., however, the Magistrate has framed charges whereby finding has been recorded that the evidence against the applicants was enough to convict the applicants in a court of law. Framing of charges is by and large a discretion given to the court, as the evidence has to be examined by the court and it is for the satisfaction of the court that a particular charge is made out or not. Since it is now a matter which has to be examined by the trial court it cannot be appreciated by this Court in its jurisdiction under Section 482 Cr.P.C., no useful purpose will be served if this application remains pending before this Court. The present C-482 application is totally devoid of merit and is liable to be dismissed and is hereby dismissed. 2 No order as to costs. Interim order, if any, is also vacated. Registry is directed to send a copy of this order to the court concerned for necessary compliance. (Sudhanshu Dhulia, J.) 28.9.2010 Avneet