IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 336 Of 2005 1. Smt Pratima Gupta W/o Shailendra Kumar Gupta 2. Shailendra Kumar Gupta S/o Shri Nathu Lal Gupta R/o at present Central School, Rishikesh, IDPL, Campus, Rishikesh, Dehradun ………………..Applicants Versus 1. State of Uttaranchal 2. Shri B.S. Rana S/o Shri Veer Singh Rana R/o at present P.E.T Central School, Kashipur, District Udham Singh Nagar …………Opposite Parties Shri Mohd. Azim, Advocate, present for the petitioners Shri S.S.Adhikari, Advocate, present for respondent no.1 None present for respondent no.2 Hon’ble Prafulla C. Pant, J. By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, (for short of Cr.P.C), the petitioners have sought quashing of the proceedings of Criminal Case No. 1013 of 2004 B.S.Rana vs. Smt Pratima Gupta, relating to offence punishable under section 500 I.P.C., pending in the 2 court of Judicial Magistrate, Kashipur. (2) Heard learned counsel for the petitioners and learned counsel for the State. (3) None appeared on behalf of the complainant. (4) Brief facts of the case are that the complainant/respondent no.2 B.S.Rana filed a criminal complaint before Judicial Magistrate, Kashipur alleging that he is a teacher in a Central School, and commands respect in the society. The petitioner no.1 Smt Pratima Gupta and petitioner no.2 Shailendra Kumar Gupta (who are husband and wife) were also colleagues of the complainant. It is alleged by the complainant that a complaint was made by the petitioners to the principal of the college alleging that respondent no.2/complainant B.S.Rana molested, their daughter who was a student of class 4-B. On inquiry of said complaint, the allegations were found false. However, meanwhile the petitioners got published news in newspapers and there by damage was caused to the reputation of the complainant in the eyes of the persons who 3 knew the complainant. A departmental inquiry was initiated against the petitioner no.2 for making false complaint and it was recommended that he be removed from the service. The petitioner no.1 with intention to defame the complainant also lodged First Information Report with similar allegations which was also found false. With these allgations the complaint prayed before the Magistrate that petitioners (accused) be summoned and punished for committing offence punishable under section 500/501 I.P.C. The Magistrate after recording statement of the complainant under section 200 of Cr.P.C and that of witness Lata Tiwari under section 202 of Cr.P.C., summoned petitioners vide its order dated 16.09.2004 to face the trial in respect of offence punishable under section 500 I.P.C. Hence this petition by the accused. (5) Learned counsel for the petitioners submitted that the allegations in the complaint made by the petitioner against the complainant relating to molestation of the daughter aged 9 and half years were not false. It is further pleaded that in an inquiry conducted by Principal of 4 Kendriya Vidyalaya, Kumari Shubhangi (daughter of the complainant) supported the allegations made in the complaint. (6) Having heard learned counsel for the petitioners and after going through the papers on record, in the present case the question of truthfulness of fact has been raised, which can not be decided by this court in its jurisdiction under section 482 of Cr.P.C. This court is of the view that it is for the trial court to examine the witnesses and to see whether the petitioners are innocent or not. It is not desired on the part of this court to give its opinion on the basis of half baked evidence before it. (7) For the reasons as discussed above, without expressing any opinion as to final merits of the case pending before trial court, the petition under section 482 Cr.P.C is dismissed. The trial court may proceed with the trial. Interim order dated 06.06.2005 stands vacated. Registry is directed to inform the court concerned. (Prafulla C. Pant, J.) Dt.19.8.2010 N.P