C-482 226/2005 Hon'ble B.C. Kandpal,J. Heard Sri Arvind Vashist, learned counsel for the petitioners and Sri Sudhir Singh learned counsel for the respondent No.2 on admission. By way of this petition, the petitioner has prayed for quashing of the charge sheet dated 21-9-2002 submitted by the Police in case crime No. 1739 of 2002 U/Ss 147, 452, 323, 504 and 506 I.P.C. which has been registered as criminal case No. 4444 of 2003, State Vs. Smt. Monika and others and further prayer has been made to quash the summoning order dated 29-4-2003 and the entire proceedings of the above criminal case pending before A.C.J.M. Haldwani. Perusal of the record reveals that the police after doing investigation on the F.I.R. lodged by the complainant/respondent No.2 found prima facie case against the petitioners and submitted charge sheet before the Magistrate. The learned Magistrate took cognizance on the charge sheet, after considering the evidence, injury report of the injured compainant and other material collected during investigation. The grounds taken in the petition are disputed question of facts and this court cannot embark upon an enquiry and assess the material collected during investigation as the same will amount to pre-trial of the case. I do not find any illegality and error of jurisdiction in the summoning order. The petitioners have not been able to point out any illegality or error of law in submission of charge sheet. After having considered the material available on record, I am of the view that there is no abuse of process of court in the instant case. The petition is dismissed in limine. The interim order dated 10-9-2005 stands vacated. (B.C K.J.) Dt 09-1-2008 ISB