IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Misc. Application (C-482) No. 569 of 2004 1. Zameel S/o Mohd. Ibrahim 2. Ashlam S/o Mohd. Ibrahim 3. Gaffur S/o Mohd. Ibrahim 4. Akhtar S/o Mohd. Ibrahim 5. Hamid S/o Mohd. Ibrahim All are residents of Line No. 4, Azad Nagar, Haldwani, District Nainital. ...…………. Petitioners Versus 1. State of Uttaranchal 2. Sri Sultan Singh Rai S.H.O., P.S. Haldwani, District Nainital. ...…………. Respondents Mr. Lalit Sharma, Advocate for the petitioner. Mrs. Mamta Bisht, Asstt. Govt. Advocate for the respondents. Hon’ble Prafulla C. Pant, J. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), the petitioners have sought quashing of the proceedings of Criminal Case No. 1661 of 2003; State Vs. Zameel and others, relating to offence punishable under Section 147, 435, 436, 427, 2 336 of I.P.C., pending in the court of Judicial Magistrate, Haldwani. 2) Heard learned counsel for the parties and perused the papers on record. 3) Brief facts of the case are that a first information report was lodged by the Station House Officer Sultan Singh Rai against some 200 unknown persons, relating to offences punishable under Section 147, 435, 436, 427, 336 of I.P.C., which was registered as Crime No. 1756-A of 2002, with the police station Haldwani. It is alleged in the first information report that the crowd of some 200 people had surrounded house of Abdul Mateen Siddiqui, and they were breaking glasses of the vehicle of said person. When the police reached there the crowd proceeded from Line No. 17, Azad Nagar, Haldwani to Line No. 12, and set house of Ashraf Ayub on fire. Thereafter the crowd set ablazed a vehicle Tempo No. UP 2C / 6250. Thereafter, the crowd proceeded towards Line No. 8 and set Maruti Van No. U.P…… / 6990, belonging to one Maseen, on fire. 4) Learned counsel for the petitioners submitted that the petitioners are not named in the first information report. It is further submitted that petitioner’s brother Abdul Rab was murdered by Mateen Siddiqui, Ashraf Ayub and others, in respect of which Crime No. 1756 of 2002 was registered, relating to offences punishable 3 under Section 147, 148, 149, 302 of I.P.C. It is pleaded on behalf of the petitioners that the impugned charge sheet filed against the petitioners is false, and they have been implicated only because from their side first information report was lodged in respect of offence punishable under Section 302 of I.P.C. against Mateen Siddiqui and others. 5) Whether the petitioners actually participated with the crowd of 200 persons in committing crime of mischief, and whether they were actually member of the unlawful assembly or not, are the questions of fact which can be seen by the trial court after recording the evidence in the case. This Court merely for the reason that the petitioners are not named in the first information report, cannot hold in its jurisdiction under Section 482 of Cr.P.C., that they were not involved in the crime. 6) Having considered submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that it is not a fit case to interfere with the trial, and it is open for the petitioners to raise the points pleaded in the petition, before the trial court. 7) Therefore, this petition under Section 482 of Cr.P.C. is dismissed with the observation that if the 4 petitioners surrender before the court concerned, and move application for bail, their bail application shall be heard and disposed of without unreasonable delay. (Prafulla C. Pant, J.) Dt. March 31, 2010. H. Negi