IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Criminal Misc. Application No. 833 of 2001 (Old No. 1219 of 2000) Wing Commander M.S. Bhatnagar S/o Shri B.S. Bhatnagar, R/o 7, New Road, Dehradun. ………….. Applicant Versus 1. Station House Officer, Kotwali, Dehradun. 2. Sri S.L. Mehrotra, alleged honorary Secretary, Mahadevi Kanya Pathsala College Society, Dehradun …………… Respondents Mr Ramji Srivastava, Advocate for the applicant. Mr. P.S. Saun, A.G.A. for the respondent State. Hon. Prafulla C. Pant, J. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has sought quashing of summoning order dated 30th June, 1999, in criminal case No. 1204 of 1999, and the charge sheet dated 17.05.1999, filed against the petitioner. 2) Heard learned counsel for the parties and perused the papers on record. 3) A first information report dated 06.03.1999 appears to have been lodged against the petitioner with police Station Kotwali, Dehradun, relating to offence punishable under Section 409 of I.P.C. After investigation, the police has submitted charge sheet against the petitioner, who is facing trial with another co-accused Ishwar Dayal. Against which said petition was preferred by the petitioner before 2 the Allahabad High Court, from where it has been received by way of transfer to this Court under Section 35 of the U.P. Re-organization Act, 2000, for its disposal. 4) I have gone through the first information report, the charge sheet and connected papers. It is alleged in the first information report that Mr. M.S Bhatnagar (present petitioner) who was entrusted with Rs. 25,000/- through cheque No. 0548267 dated 29.10.1991, to prepare the fixed deposit receipt in favour of Mahadevi Kanya Pathshala, as an agent of Society, which is running said institution, misappropriated the same. The aforesaid allegations which are found true in the investigation constitute the offence punishable under Section 409 of I.P.C., as it fulfils all the ingredients required there for. 5) It is settled principle of law, that this Court in its jurisdiction under Section 482 of the Cr.P.C. cannot examine the correctness of the allegations with the half baked evidence, at this stage. All the pleas of innocence raised by the petitioner can be raised by the trial court during the trial. 6) Therefore, this petition under Section 482 of the Code of Criminal Procedure, 1973, is dismissed with the observation that if the petitioner is arrested or surrenders, and moves for bail, the trial court shall hear his bail application, without unreasonable delay. The petition stands disposed of, accordingly. (Prafulla C. Pant, J.) Dt. 22nd September, 2006. H.Negi