IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 346 of 2005 Wasim Akhter …Applicant Versus Smt. Mahjabi Naj …Respondent Hon’ble B.C. Kandpal, J. List has been revised. None has appeared on behalf of applicant/petitioner. 2- Heard learned A.G.A. for the State and perused the material available before me. 3- Perusal of the record reveals that cognizance order was passed by the Magistrate on 13.07.2004 thereby summoning the accused-petitioner to face the trial under Section 500 I.P.C. The petitioner thereafter filed the revision before the court of learned Sessions Judge, who dismissed the revision vide judgment and order dated 31.3.2005. Feeling aggrieved by the summoning order as well as revisional court’s order, the petitioner has preferred the present petition under Section 482 Cr.P.C. before this Court for quashing both the aforesaid orders. 4- Having considered the entire material available on record, I am of the view that I do not find any abuse of process of court either in the cognizance order passed by the learned Magistrate or in the order passed by the Sessions Judge. In this case, no flagrant injustice appears to have been caused to the petitioner. The entire evidence has to be assessed by the trial court where the evidence is still to be adduced. This court is not supposed to embark 2 upon an enquiry with regard to allegations levelled against the petitioner at this stage. Any judgment rendered by this Court would amount to pre-trial. There is nothing on record which may indicate that the court below by summoning the petitioner as accused has committed any manifest error which may warrant the interference of this Court while exercising the jurisdiction under Section 482 Cr.P.C. 5- The petition lacks merit and is liable to be dismissed. 6- Accordingly, the petition is dismissed. Stay order dated 08.06.2005 stands vacated. (B.C. Kandpal, J.) 09-07-2010 SP