IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc.Application (C482) No. 861 of 2011 Rakesh Mishra, aged about 39 years, S/o Sri Prabhu Narayan Mishra, R/o Preet Nagar, P.O. Bagwara, P.S. Rudrapur, District Udham Singh Nagar. ….…..Petitioner Versus 1- State of Uttarakhand Through Secretary Home Civil Secretariat, Dehradun. 2- Smt. Pushpa Rani W/o Shyamsunder, R/o 10 Vivekanand, Avas Vikas, Rudrapur, District Udham Singh Nagar. ……Respondents Mr. S.K.Mandal, Advocate, present for the petitioner. Mr. B.S. Parihar, Brief Holder, present for the State. Mr. D.K.Sharma, Advocate, present for the respondent No.2 Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2) By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of proceedings of Criminal Case No. 2854 of 2011, State Vs. Ramji Gupta and others, relating to offences punishable under Section 420, 467, 468, 471, 120-B, 379, 411/34 of I.P.C., Police Station-Rudrapur, District Udham Singh Nagar, pending in the court of Chief Judicial Magistrate, Rudrapur. 2 3) Learned counsel for the petitioner raised factual plea of innocence of the petitioner. It is pointed out that main accused is said to be one Vivek Gupta, who has allegedly encashed the cheque and recovery has been made only from Vivek Gupta and his father Ramji Gupta. 4) However, having considered submissions of learned counsel for the parties and after going through the papers on record, this Court is of the view that factual pleas of innocence should not be appreciated by this Court, in its jurisdiction under Section 482 of Cr.P.C. Such pleas can be examined by the trial court after recording the evidence. 5) Therefore, without expressing any opinion, as to final merits of the case, the petition under Section 482 of Cr.P.C. is dismissed summarily, with the observation that if the petitioner Rakesh Mishra, surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. (Prafulla C. Pant, J.) 20.09.2011 JM