1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application (C482) No. 190 of 2011 Abbas Ali S/o Shri Jafar Ali R/o Village Kakarkhera P.S. Dilari, District Moradabad …..…Petitioner Versus 1. State of Uttarakhand through Secretary Home, Dehradun 2. Shyam Lal @ Shyam Pal S/o Late Shri Bahadur Singh R/o Village Bangawa P.S. Khatima, Udham Singh Nagar Presently residing Rajeev Colony P.S. Sungari District Pilibhit (U.P.) ……….Respondents Shri Anil Dabral, Advocate, present for the petitioner. Shri T.C. Agarwal, 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 Cr.P.C.) the petitioner has sought quashing of the proceedings of criminal case no. 226 of 2009, State vs. Brijmohan & others, relating to offences 2 punishable under section 419, 420, 467, 468, 471, 167 IPC, pending in the court of Judicial Magistrate Khatima, Udham Singh Nagar. 3. Learned counsel for the petitioner submitted that petitioner is innocent. It is further pleaded that the allegations of making false report are made against the Dalip Singh, Revenue Officer, and not the present petitioner. However, having considered submissions of learned counsel for the petitioner and after going through the papers on record, this Court finds that disputed question of facts have been raised relating to the question of the complicity of the petitioner in the case which pertains to forgery in respect of execution of a document in which complainant has been shown as a dead person. 4. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view it is not a fit case to interfere with the trial. 5. Accordingly, the petition under section 482 Cr.P.C., is dismissed summarily. (Prafulla C. Pant, J.) Parul 03.03.2011