Court No. 6 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 440 of 2004 1- Raisuddin s/o Shri Bande Hasan 2- Bande Hasan s/o Shri Majju 3- Saima @ Sagiran w/o Bande Hasan 4- Sahzad s/o Bande Hasan All residents of village Makhdoompur @ Chandanwala, Police Station Nagina Dehat, District Bijnor (U.P.) ...Applicants Vs. 1. State of Uttaranchal 2. Samshad Ahmad s/o Shri Abdula R/o Near Bus Stand, Baradi, New Tehri, District Tehri Garhwal .... Respondents Sri Sandeep Tandon, Advocate, for the applicants. Learned A.G.A. for respondent no. 1. Dated: February 12, 2008 By way of this petition under Section 482 of Cr.P.C. the petitioners have sought the relief for setting aside the impugned order dated 13.7.2004 passed by Special Judicial Magistrate, Tehri Garhwal in Complaint Case No. 79 of 2004, Samshad Ahmad vs. Bande Hasan and others, under Section 452/504/506 IPC as well as for quashing the proceedings of the aforesaid case. Brief facts of the case are that respondent no. 2 filed a complaint case before Special Judicial Magistrate, Tehri Garhwal, under Section 452/504/506/406 I.P.C. The learned Magistrate recorded the statements of complainant and witnesses under Sections 200 and 202 of Cr.P.C. Thereafter, the learned Magistrate took cognizance against the petitioners under Section 452/504/506 I.P.C. and summoned the petitioners to fact the trial, vide order dated 13.7.2004. Being aggrieved, the petitioners filed this petition before this Court under Section 482 of Cr.P.C. Having considered the arguments advanced by learned counsel for the parties 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. I do not find any mistake in the impugned order passed by the Magistrate concerned. The points raised by learned counsel for the petitioners are the disputed questions of fact and the same require scrutiny by the trial court. I am not supposed to embark upon an enquiry with regard to the credibility of the evidence which is yet to be adduced before the trial court during the course of trial. Any judgment rendered by me at this stage would amount to a pre-trial as the evidence is still incomplete and hazy. The petition lacks merit and is liable to be dismissed. Accordingly, the petition filed under Section 482 of Cr.P.C. is dismissed. Stay order, if any, stands vacated. (B.C. Kandpal, J) SP