IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 241 of 2005 Raj Kumar & others … Applicants Vs State of Uttaranchal & another … Opposite Parties Hon’ble B.C. Kandpal, J. List has been revised. None has appeared on behalf of the petitioners/applicants before the Court to argue the case. Sri S.S. Adhikari, learned A.G.A. as well as Sri Lalit Miglani, Advocate holding brief of Sri Pankaj Miglani, learned counsel for the respondent No. 2 are present before the Court. Heard learned A.G.A. as well as learned counsel for the respondent No. 2 and perused the record. This petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing the proceedings of Case No. 864 of 2004, Swaatantra Kumar Vs Raj Kumar & others, under Sections 500 and 501 of I.P.C. pending in the court of Judicial Magistrate, Haridwar. Having considered the submission advanced by learned A.G.A. as well as learned counsel for the respondent No. 2 and perusing the documents filed before me, I am of the view that there is no flagrant injustice and abuse of process of court in this case. The evidence are incomplete and hazy as yet. The points raised by the learned counsel for the applicants are the disputed question of facts and it can be judged by the trial court where the evidence are yet to be collected. This Court while exercising the jurisdiction under Section 482 Cr.P.C. is not supposed to act as a trial judge. The averments made in the petition are the disputed question of fact, which can be assessed and judged by the trial court. I am not supposed to embark upon an enquiry with regard to the credibility of the evidence at this stage. Any judgment rendered by me would amount to premature judgment where the evidence is still incomplete and hazy. The applicants shall have an opportunity to place the evidence in their defence before the trial court where the matter shall be finally adjudicated after considering the entire evidence. I do not find any merit in this case at this stage. Accordingly, the petition filed under Section 482 Cr.P.C. is dismissed. Consequently, the stay order dated 29.04.2005 stands vacated. (B.C. Kandpal, J.) 17.04.2010 ASWAL