IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 57 of 2008 Amit Kumar S/o Sri Jhanda Singh R/o Village Dhanpura P.S. Pathri District Haridwar …Petitioner Vs State of Uttarakhand …Respondent Sri S.P.S Panwar, lrarned Senior Advocate assisted by H.C. Pathak, Learned counsel for the petitioner Learned A.G.A. for the State. Hon'ble B.C. Kandpal, J. By way this petition under Section 482 Cr.P.C., the petitioner has prayed quashing of the Criminal Case No. 3678 of 2006, under Section 3/7 of Essential Commodities Act pending in the court of Chief Judical Magistrate, Haridwar. 2. Heard Sri S.P.S. Panwar, learned Senior Advocate assited by H.S. Pathak, learned counsel for the petitioner and perused the record. 3. Learned counsel for the petitioner has submitted that the petitioner is the son of Jhanda Singh who is the proprietor of petrol pump. He has further submitted that there is no evidence on record which may suggest that the petitioner has any concern with the business affairs of the petrol pump. He has further submitted that the licence was granted in the name of the father of the petitioner and no business transaction was being carried out, by the petitioner. 4. After registration of the case, the police investigated that the matter and the chargsheet has been submitted against the petitioner . The proceedings of the case as well as the submission of chargesheet by the police concerned, under Section 3/7 of Essential Commodities Act has been put to challenge. 5. I am the view that the submission advanced by learned counsel for the petitioner relates to 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 incomplete and hazy. I do not find any merit in this case at this stage. 6. With the aforesaid observations, the petition is dismissed in-limine. 7. Learned counsel for the petitioner has submitted that the petitioner is a student of intermediate class, therefore, some lenient view be taken against him. 8. it is open for the petitioner to bring this aspect before the knowledge of trial court when he moves the bail application and the trial court after considering this aspect that the petitioner is a student shall expedite the bail application and decide the same without causing any unreasonable delay. (B.C. Kandpal,J.) 26.02.2008 ASWAL