IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 923/2005 Mod Bhanu Singh …….Petitioner Versus State of Uttaranchal & Anr. …….Respondents July 15, 2010 Hon’ble Dharam Veer, J. Heard Mr. Bhuvnesh Joshi, Advocate for the petitioner and Mr. Amit Bhatt, Addl. GA for the State. By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short, CrPC), the petitioner has prayed for quashing the entire proceedings of Criminal Case No. 321 of 2008, State v. Sudhir & Ors. pending before the Ist Additional Civil Judge (J.D.)/J.M., Haridwar. Facts, in brief, are that Swami Chinmayanand Saraswati lodged a FIR in PS Jawalapur with the averments that the present petitioner has drafted some power of attorney in favour of Ramesh Kumar by impersonating a fake person as Swami Chinmayanand Saraswati and photo of Swami Chinmayanand Saraswati was identified by the present petitioner and he also identified him in the sub-registrar office. The FIR was lodged on 11.3.2000 at 6.10 pm. On the basis of this FIR, a case was registered against the petitioner and other co-accused as Case Crime No. 78/2000 under Section 420/467/469/470/471 IPC. After the investigation, the I.O. submitted a chargesheet and on the basis of chargesheet the Magistrate has taken a cognizance against the petitioner and other co-accused. State has filed a counter affidavit wherein the averments in the FIR have been supported. Learned Counsel for the petitioner submitted that he has been falsely implicated in this case. I do not find any force in this argument due to the reason that from the perusal of the contents of FIR and statements of the witnesses recorded under Section 161 CrPC and other evidence collected by the I.O., a prima facie case is made out against the petitioner. The dispute involves factual question which cannot be decided by this Court. The dispute can be decided only after adducing the oral and the documentary evidence by the parties before the trial court. It cannot be decided by this Court only on the basis of papers filed on the record. Even otherwise, the trial court will decide the case after recording the evidence of the complainant as well as of the accused and also on the basis of the appreciation of the evidence as per law. If the allegations made in the FIR and the evidence collected by the Investigating Officer and the statements of witnesses recorded by the I.O. during the course of investigation are taken at their face value and accepted in their entirety, I am of the view that the petitioners have rightly been summoned by the trial court. The trial court will decide the case after recording the evidence adduced before it. I am of the view that in the present case there is neither any miscarriage of justice nor any abuse of process of Court. The petition lacks merit and is liable to be dismissed. Accordingly, the petition is dismissed in limine. Interim order dated 16.12.2005 stands vacated. (Dharam Veer, J.) 15.7.2010 PRABODH 2