IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C482) No. 355 Of 2010 Lakhvindra Singh S/O Pyara Singh R/O Desh Mitra Farm, Bazpur Gaon, District Udham Singh Nagar ……………. Applicant Versus 1. State of Uttarakhand through Secretary Home, Dehradun 2. Maksood Ahmad S/O Shri Ajeemuddin R/O Village Bazpur Gaon, P.S Bazpur District Udham Singh Nagar. ………….. Respondents Shri D.C.S Rawat Advocate present for the petitioner Smt. Mamta Bisht A.G.A with Shri M.A.Khan, Brief Holder present for the State/respondent no.1 Hon’ble Prafulla C. Pant, J. Heard. (2) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of criminal case no. 1004 of 2009 State vs. Lakhvindra Singh and another, relating to offences punishable under section 420, 406, 411 I.P.C, Police Station Bazpur, pending in the court of Judicial Magistrate, Kashipur. 2 (3) Learned counsel for the petitioner submitted that the buffaloes which are said to have been stolen by the petitioner, were actually owned by him. It is further pleaded that when the petitioner went to the Police Station to get registered report that his buffaloes are stolen, his report was not lodged. (4) Whether, the buffaloes belong to the petitioner Lakhvindra Singh or complainant Maksood Ahmad is a question of fact, which can not be examined by this court in its jurisdiction under section 482 of Cr.P.C. It is for the trial court to examine the issue after recording the evidence of the parties. (5) Therefore, the petition under section 482 of Cr.P.C is dismissed with the observation that if the petitioner surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. (Prafulla C. Pant, J.) Dt.27.4.2010 N.P