IN THE HIGH COURT UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 380/2005 Murtaza Ali Saifi and another …. Petitioners Vs. State of Uttaranchal & another ..Respondents Dated: 18-05-2010 [Hon’ble B.C. Kandpal, J. (Oral)] List has been revised. None has appeared on behalf of the petitioners. Heard learned A.G.A. and perused the record. This petition U/s 482 Cr.P.C. has been filed for quashing the charge sheet No. 18-A filed against the petitioners U/Ss 147, 352, 323, 506, 363, 366 and 511 I.P.C. in case crime NO. 25/2004 P.S. Bajpur, District U.S. Nagar. The petitioners also prayed for quashing the order dated 2.6.2005 issuing non-bailable warrant, in case No 849/2004 pending before J.M. Kashipur. Having considered the submission advanced by learned A.G.A. and perusing the documents filed before me, I am of the view that there is no flagrant injustice and abuse of process of court in this case. The evidence is still incomplete and hazy. This court while exercising the jurisdiction U/S 482 Cr.P.C. is not supposed to act as a trial judge. The averments made in the petition are the disputed question of fact, which can be assessed and judged by the trial court. I am not supposed to embark upon an enquiry with regard to the credibility of the evidence at this stage. Any judgment rendered by me would amount to premature judgment. The applicants shall have an opportunity to place the evidence in their defence before the trial court where the matter shall be finally adjudicated after considering the entire evidence. I do not find any merit in this case at this stage. Accordingly, the petition is dismissed. The interim stay order dated 17.6.2005 stands vacated. (B.C. Kandpal, J.) ISB