1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 954 Of 2010 Hazi Sarafat Khan S/o Shri Yasin Khan R/o Mohalla, Pathanan, Ward No.4, Landora, District Haridwar ………………..Applicant Versus 1. State of Uttarakhand through Secretary Home, Government of Uttarakhand, Dehradun 2. S.H.O of Police Station Kotwali Manglore, Roorkee, District Haridwar 3. Shri Ram Kumar S/o Shri Devi Chand, Chairman Nagar Panchayat Landora, R/o Landora, P.S Manglore, Roorkee District Haridwar …….Opposite Parties Shri Navneet Kaushik, Advocate present for the petitioner Shri S.S.Adhikari, A.G.A., present for the State Shri S.K. Shandilya, Advocate, present for respondent no.3 Hon’ble Prafulla C. Pant, J. Heard. 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. 2570 of 2010, State vs. Sahjad and another, relating to offence punishable under section 323, 452, 504, 506 I.P.C., and one punishable under section 3(1) (X) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending in the court of Ist Additional Judicial Magistrate, Roorkee. (2) Learned counsel for the petitioner submitted that the complainant belongs to the community “Hindu Julaha”. It is further pleaded that complainant is not a member of Scheduled Caste. However, it is admitted that the complainant Ram Kumar (respondent no.3) contested election as member of Scheduled Caste (Kori community) and won the election of Chairman of Nagar Panchayat Landora. It is not stated anywhere that his caste certificate is cancelled. (3) Learned counsel for the petitioner further submitted that the incident is said to have been taken place inside the house and not at a public place. In reply to this learned counsel for the complainant submitted that partly incident has taken place inside the house and partly outside. (4) In the above circumstances, this court is of the view that the factual disputes can not be examined by this court in its jurisdiction under section 482 of Cr.P.C. (5) Therefore, the petition under section 482 Cr.P.C., is dismissed summarily with the observations that if the petitioner Hazi Sarafat Khan surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. (Prafulla C. Pant, J.) Dt.03.01.2011 N.P