IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No. 880 of 2005 Ajay Yadav S/o Shri Chhedi Ram Yadav, R/o Miyawala, P.O. Harrawala Dehradun, District Dehradun. ………..…Applicant. Versus 1. State of Uttaranchal through Secretary Home, Secretariat, Dehradun, Uttaranchal 2. Sanjana Yadav, W/o Ajay Yadav R/o 80 Suman Nagar, Dharampur, Dehradun, District Dehradun ..……Opposite parties. Shri Vinod Sharma, Advocate, present for the petitioner. Smt. Mamta Bisht A.G.A., with Shri M.A. Khan, Brief Holder, present for respondent No. 1. Shri Lokendra Dobhal, Advocate, present for respondent No. 2. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2. By means of this petition moved under section 482 of Code of Criminal Procedure 2 1973(for short Cr.P.C.) the petitioner has sought quashing of the proceedings of criminal case No. 738 of 2005 State vs. Ajay Yadav, relating to offences punishable under section 324, 504, 506, I.P.C., P.S. Dalanwala, District Dehradun, pending in the court of Chief Judicial Magistrate, Dehradun. 3. The first information report (a copy of which is Annexure-3 of the petition) discloses that the petitioner assaulted with a sharp edged weapon at the brother of the complainant. The allegations in the first information report appear to be corroborated by the medical evidence. After investigation a charge sheet was be filed against the petitioner. 4. Having considered submissions of the learned counsel for the parties and after going through papers on record this court is of the view that it is not a fit case to be interfered with under section 482 of Cr.P.C. The plea of innocence, raised by the petitioner can be pleaded before the trial court. It is for the trial court to examine the 3 factual aspects of the matter after recording evidence of the parties. 5. For the reasons as discussed above without expressing opinion as to final merits of the case this petition under section 482 of Cr.P.C., is dismissed. Dt:03.05.2010 parul (Prafulla C. Pant, J.) 4