IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Criminal Misc. Appln. No. 902 of 2005 Bed Kumar Pandey S/o Sri R.P. Pandey R/o Kishan Inter College, Kudeshwari Kashipur, District-Udham Singh Nagar …… Applicants Versus 1. Judicial Magistrate, Kashipur Distt. – Udham Singh Nagar 2. Kishan Inter Collge, Kundeshwari Kashipur, Udham Singh Nagar through its Management of Committee 3. Sri Ashok Kumar Sharma Teacher, Kishan Inter College Kundeshwari, District- Udham Singh Nagar ….Respondents Shri Vinay Kumar, learned counsel for the petitioner. Learned Government Advocate for the respondents. Hon. Prafulla C. Pant, J. By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973, the petitioner has prayed for quashing of further proceedings in Criminal Case No. 1400 of 2003 Sate Vs. Bed Kumar Pandey under Section 467, 468 and 471 of I.P.C. arising out of Case Crime No. 309 of 2001, P.S. – Kashipur, District- Udham Singh Nagar. Heard learned counsel for the petitioner learned A.G.A. The Supplementary affidavit filed on behalf of the applicant may be taken on record. The F.I.R. shows that the allegations against the petitioner are that he secured the job as Lecturer in Kisan Inter College, Kundeshwari on the basis of forged certificates and mark sheets. The F.I.R. further discloses that the authorities in Kanpur University have clarified that the marksheet and certificates in question were not issued by the authorities concerned. Learned counsel for the petitioner argued that the complainant Ashok Kumar Sharma was in litigation with the petitioner and he has vested interest in getting the F.I.R. lodged as he is now occupying the post from which the petitioner has been placed under suspension. Attention of this Court was drawn to Annexure-12 to the petition which is copy of the statement of P.W. Ashok Kumar Sharma. In cross-examination, the witness states he lodged the F.I.R. without any order from the Principal. It is further disclosed that witness himself has gone for enquiry to Kanpur on instruction from the Principal. On the basis of said statement it is contended that the case against the petitioner is concocted and a false one, but this Court is of the view that it is for the trial court to appreciate such evidence and come to the conclusion whether the charge against the accused is established or not? In the proceedings under Section 482 of the Code, this Court should restrain from appreciating the half baked evidence during the trial as it may effect the fate of the trial. In the circumstances, this court is of the view that the impugned proceedings cannot be quashed or stayed by exercising power under Section 482 of the Code. Therefore, without the prejudice to the rights of the petitioner as to the final merits of the case, this petition is dismissed. (Prafulla C. Pant, J.) Dt. 19th December, 2005. Sweta