1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Miscellaneous Application (C482) No. 290 of 2011 Mahesh Parihar S/o Late Shri Chatur Singh Parihar R/o Village Jakh, P.O. Harbad P.S. Baijnath, District Bagehswar …..…Petitioner Versus 1. State of Uttarakhand through Secretary Home Govt. of Uttarakhand, Dehradun 2. Shri Chandra Singhlmlal, Sub-Divisional Magistrate Then posted at Bageshwar, District Bageshwar ……….Respondents Mr. A.S. Rawat, Senior Advocate, assisted by Mr. C.S. Rawat, Advocate, present for the petitioner. Mrs. Mamta Bisht, A.G.A., present for the State. Hon'ble Prafulla C. Pant, J. Heard. 2. By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the petitioner has sought quashing of the proceedings of criminal case no. 271 of 2011, State vs. Mahesh Parihar, relating to offences punishable under section 147, 332, 186, 427 2 IPC, and one punishable under section 7 Criminal Law Amendment Act, Police Station Bageshwar, District Bageshwar. 3. The allegations in the First Information Report are that some members of public, shouting slogans, entered in the office of Superintendent of Police, Tehsil and Collectorate , whereafter they broke up the channel lock, uprooted the name plates, damaged the fire extinguishing equipments, and thereafter broke a generator. After investigation charge sheet has been filed against the petitioner Mahesh Parihar and one Bhuwan Pathak. 4. Learned counsel for the petitioner has pleaded that the petitioner is an Advocate who was practicing in Almora District. However, the plea of ali-bi or any other pleas of innocence taken by the petitioner are factual in nature which cannot be examined by this Court in its jurisdiction under section 482 Cr.P.C.. It is for the trial court to see the same after recording evidence in the case. 5. In the above circumstances, without expressing any opinion as to final merits of the 3 case, the petition under section 482 Cr.P.C., is dismissed with the observation that if the petitioner Mahesh Parihar surrenders before the court concerned his bail application shall be heard, and disposed of without unreasonable delay. (Prafulla C. Pant, J.) Parul 21.09.2011