IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Stay Application No. 391 of 2011 Stay Application No. 642 of 2011 Urgency Application No. 2916 of 2011 In CRIMINAL MISC. APPLICATION (C-482) No. 347 of 2011 Umesh Kumar Sharma S/o Shri Jagdish Prasad R/o Mandakini Vihar Sahastradhara Road, Dehradun. ……………….Petitioner Versus 1. State of Uttarakhand, Through Secretary Home Dehradun. 2. Anand Ram Assistt. Engineer MDDA Dehradun. ………….....Respondents Shri Gopal K. Verma, Advocate, present for the petitioner Shri M.A. Khan, Brief Holder, present for the State. Hon’ble Prafulla C. Pant, J. Heard. 2 (2) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of Criminal Case No. 29 of 2011, State vs. Umesh Sharma and others, relating to offences punishable under section 420, 467, 471, 120B I.P.C., pending in the court of Judicial Magistrate, CBI, Dehradun. (3) Learned counsel for the petitioner pleaded that petitioner is simply a witness in the document said to have been executed by Soorbir Singh (co accused), who has allegedly executed a forged sale deed of the property in question. It is pleaded that as against the purchaser, and other persons who were also named in the First Information Report, no charge sheet is filed. It is further pleaded that petitioner is innocent, and not beneficiary and the deed in question. (4) Having heard learned counsel for the petitioner, and after going through the papers on record, this court is not inclined to appreciate the 3 factual pleas in its jurisdiction under section 482 Cr.P.C.. The factual pleas of defence can be raised by the petitioner before the trial court. It is not desirable on the part of this court back into the correctness of the factual pleas on the basis of the half baked evidence on the record. (5) Therefore, without expressing any opinion as to final merits of the case, pending before the trial court, the petition under section 482 of Cr.P.C., is dismissed with the observation that if the petitioner Umesh Kumar Sharma, surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. (Prafulla C. Pant, J.) Dt.04.08.2011 N.P 4