IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL APPLICATION NO.715 OF 2005 (U/s 482 Of Cr.P.C.) Miss. Aruna Bhagat & another …………Applicants Versus State of Uttaranchal & another …………Respondents Dated: July 29, 2010 Sri Abhishek Verma, Adv. i/b Sri Sudhir Singh, Adv. for the applicants Sri Amit Bhatt, Addl. GA for the State/respondent no.1 HON. DHARAM VEER, J. This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the entire proceedings in Criminal Case No.1002 of 2005 (Old No.273/2000), U/s 447/448/467/468/504/506 IPC, pending before Addl. C.J.M.-I, Dehradun. Heard learned counsel for the parties and perused the material on record. In brief, the facts of the case are that the petitioners formed a Society in the name of “New Life Education Society” and took the property of respondent no.2 on rent. It is stated in the FIR that the said property was taken by the petitioners fraudulently and since then the petitioner Avdhesh Kumar Sharma is manipulating things through petitioner Aruna Bhagat to grab his property by hook or crook. It was also stated that the said petitioner’s Society did not pay the rent for about a year and in the month of January 1999, two cheques for Rs.22,000/- were issued by them under their joint signatures but they were dishonoured having no money in their account. After that the respondent no.2 sent a legal notice. Further, the postman wanted him to receive the registered notice by affixing the rubber stamp, which the petitioner Avdhesh Kumar refused and started arguing, shouting and threatening the postman and sender of notice. Further, the petitioner Avdhesh Kumar used filthy language and he crossed over to the house of respondent no.2 and threatened him and his wife to physically harm/ kill in the presence of postman, petitioner Aruna Bhagat and others. After that the matter was investigated and after completing the investigation, the I.O. filed the charge sheet against the petitioners u/s 2 447/448/504/506/407/468 IPC, on the basis of which the learned Addl. CJM First, Dehradun vide order dated 17.2.2000 took cognizance and summoned the petitioners. Assailing the entire proceedings, this petition has been filed. A counter affidavit has been filed by the State denying the averments made in the petition. Learned counsel for the petitioners argued that no offence is made out against them and the court below has wrongly summoned them. I do not find any force in this argument for the reason that on a perusal of the FIR lodged by the respondent no.2, the statements of the complainant G.C. Suri and his wife Smt. Sudesh Suri recorded u/s 161 Cr.P.C., I find that the offences punishable u/s 447/448/504/506/467/468 IPC are prima facie made out against the petitioners on the basis of the above-said discussion and the trial court has accordingly rightly summoned the petitioners to face trial. Even otherwise, the trial court will decide the case after recording the evidence of the complainant as well as that of the accused persons and also on the basis of the appreciation of the evidence as per law. It is well settled that while exercising jurisdiction under section 482 of the Cr.P.C., this Court would not ordinarily embark upon the enquiry as to whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. That is the function of the trial court. If the allegations made in the FIR as well as the statements of witnesses u/s 161 Cr.P.C. are taken at their face value and accepted in their entirety, I am of the view that the petitioners have rightly been summoned by the trial court. The trial court will decide the case after recording the evidence adduced before it. I am of the view that in the present case there is neither any miscarriage of justice nor any abuse of process of court. For the reasons recorded above, there is no force in the application. The application C482 is devoid of merits and is hereby accordingly dismissed. Interim order dated 29.10.2005 is vacated. (Dharam Veer, J.) July 29, 2010 Rdang