IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 710 of 2011 with Stay Application No. 925 of 2011 Bhagat Singh S/o Shri Swaran Singh R/o Village Guljarpur, Police Station Kashipur, District Udham Singh Nagar. ………………..petitioner Versus 1. State of Uttarakhand through Secretary Home, Dehradun. 2. Devendra Pal Singh S/o Shri Sohan Singh R/o Ram Shyam Colony (Ramnagar Road Kashipur) Police Station Kashipur, District Udham Singh Nagar ………….Respondents Shri A.S.Gill, Advocate, present for the petitioner Shri S.S.Adhikari, 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 of Cr.P.C), the 2 petitioner has sought quashing of the proceedings of Criminal Case No. 1136 of 2011, State vs. Bhagat Singh, relating to offences punishable under section 323, 504, 506 and 308 I.P.C., Police Station Kashipur, District Udham Singh Nagar, pending in the court of Additional Chief Judicial Magistrate, Kashipur. (3) Learned counsel for the petitioner submitted that the offence punishable under section 308 of I.P.C., is unnecessarily added in the charge sheet. It is pleaded that a case of simple MARPEET has been exaggerated. (4) Having considered submissions of learned counsel for the petitioner, and learned counsel for the State, and after going through the papers on record, this court is of the view that it is not desirable on the part of this court to appreciate the factual pleas of defence. (5) Therefore, the petition under section 482 of Cr.P.C., is dismissed summarily, with the observation that if the petitioner Bhagat Singh surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay, keeping in mind that the incident in substance relates to simple MAARPEET. (Prafulla C. Pant, J.) Dt.08.08.2011 N.P 3