IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No. 893 of 2005 1. Raj Kumar S/o Shri Sanichar Singh 2. Govind Saini S/o Shri Fakira Saini 3. Lakhvinder Saini S/o Sitaram Saini All R/o Dhobi Ghat, Kankhal District Haridwar 4. Sunil Badkoti S/o Sheoraj Singh R/o Devpura Ahatmal District Haridwar ……..…Petitioners Versus 1. State of Uttaranchal/Uttarakhand, 2. Judicial Magistrate Haridwar District Haridwar 3. K.N. Bharti, Van Khsetradhikari Haridwar, District Haridwar ....……Respondents Alongwith Criminal Misc. Application(C482) No. 125 of 2005 1. Mahendra Pal, S/o Shri Shankar Pal R/o Shekhpura (Gangapar) Devpura Ahatmal, Kankhal District Haridwar 2. Virendra Saini S/o Sanichar Saini R/o Dhobi Ghat, Kankhal District Haridwar 2 Versus 1. State of Uttaranchal/Uttarakhand, 2. Judicial Magistrate Haridwar District Haridwar 3. K.N. Bharti, Van Khsetradhikari Haridwar, District Haridwar ....……Respondents Shri Navneet Kaushik, Advocate, present for the petitioners. Shri B.S. Parihar, Brief Holder, present for the State. Hon’ble Prafulla C. Pant, J. Heard. 2. By means of these two petitions the petitioners have sought quashing of the proceedings of criminal case no. 238 of 2005, State vs. Raj Kumar and others, relating to offence punishable under section 26 Forest Act, and criminal case no. 119 of 2005, State vs. Mahendra Pal and others, both pending in the court of Judicial Magistrate, Haridwar. 3. It appears that Forest Officials including respondent no. 3 on patrol found that the petitioners collecting the stone grits illegally 3 from the forest area on 15.04.2003 and a criminal complaint was filed against them by the Forest Officers. 4. Learned counsel for the petitioners pleaded that petitioners had valid permits issued by the Forest Department to collect the stone grits from the forest and it is pleaded that they have been wrongly challaned by the Forest Officers. 5. Perusal of the papers on record indicate that there are disputed questions of fact involved in these cases as to whether the petitioners were collecting stone grits under the permits issued to them or not. The allegation of the respondents is that the permits issued to the petitioners related to different time area and the vehicle. 6. In the above circumstances, since disputed questions of fact are involved in these petitions, it is not desirable on the part of this Court to form any opinion, as to the innocence of the accused/petitioners on the basis of the half baked evidence. It is for the trial court to examine the witnesses and come to the conclusion whether the petitioners are innocent or not. 4 7. Therefore, without expressing any opinion as to final merits of the cases, the both petitions under section 482 of Cr.P.C., relating to criminal case no. 238 of 2005, State vs. Raj Kumar and others, relating to offence punishable under section 26 Forest Act, and criminal case no. 119 of 2005, State vs. Mahendra Pal and others, pending in the court of Judicial Magistrate, Haridwar, are hereby dismissed. The trial court may proceed with the trials. Registry is directed to inform accordingly. (Prafulla C. Pant, J) Dt. 21.06.2010 Parul 5