IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 966 of 2010 In Misc. Application No. in RA 1477 of 2011 Urgency Application No. 2300 of 2011 1. Radha Gupta W/o Chandra Bhan Gupta 2. Raj Kumar Gupta S/o Chandra Bhan Gupta 3. Chandra Bhan Gupta S/o Late Ram Dayal All R/o Chaudhari Colony, Gauza Jali North, Bareilly Road, Haldwani, Nainital ………………..Petitioners Versus 1. State of Uttarakhand through Secretary Home Dehradun. 2. Shri K.K.Sharma Senior Branch Manager, Bank of Baroda, Nainital Road Branch, Haldwani (Nainital) ………….Opposite parties Shri B.S.Adhikari, Advocate, present for the petitioners Shri M.A.Khan, Brief Holder, present for the State Shri Siddhartha Sah, Advocate, present for the respondent no.2 (Bank of Baroda). Hon’ble Prafulla C. Pant, J. Heard. 2 (2) By means of this petition, moved under section 482 of Code of Criminal Procedure,1973, the petitioners have sought quashing of the proceedings of Criminal Case No. 1119 of 2010, State vs. Radha Gupta and others, relating to offences punishable under section 420, 465, 467, 468, 471 and 120B I.P.C, Police Station Haldwani, pending in the court of Additional Chief Judicial Magistrate, Haldwani, District Nainital. (3) Several factual pleas are raised in the petition by the petitioners pleading their innocence. It is also pleaded that there was no mensrea on their part as the petitioners paid of the loan taken from the bank, before filing of the charge sheet. (4) Having considered submissions of learned counsel for the parties, and after going though the papers on record, this court is of the view that it is not desirable on the part of this court to examine the factual aspects raised by the petitioners. Therefore, the petition under section 482 of Cr.P.C., is dismissed with the observation that if the petitioners namely Radha Gupta, Raj Kumar Gupta and Chandra Bhan Gupta surrender before the court 3 concerned, and if they are not on bail and move application for bail, their bail application shall be heard and disposed of without unreasonable delay. (Misc. Application No. 1447 of 2011 stands disposed of). (Prafulla C. Pant, J.) Dt.21.06.2011 N.P