IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL APPLICATION NO.167 OF 2007 (U/S 482 Cr.P.C.) Shivraj & four others ……… Applicants Versus The State ……… Respondent Dated: October 9, 2009 Mr. Parikshit Saini, Advocate for the applicants Mr. Nandan Arya, AGA for the State/Respondent No.1. Mr. Manish Arora, Advocate for the Respondent no.2. HON. DHARAM VEER, J. This application moved u/s 482 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) is directed with a prayer to quash the proceedings of criminal complaint case no.1387 of 2006, Mukesh Vs. Nakli & others. It is further prayed to quash the order dated 19.2.2007 passed by Judicial Magistrate, Roorkee in above case whereby the learned Judicial Magistrate has taken the cognizance against the applicants under Sections 148, 323, 324, 504 and 506 of The Indian Penal Code, 1860 (hereinafter to be referred as the IPC). Heard learned counsel for the parties and perused the material on record. In brief, the facts of the case are that a case was registered as Case Crime No.105A/2001 at P.S. Gangnahar (Roorkee) u/Ss 147, 148, 323, 324, 504, 506 and 307 IPC. The matter was investigated and after completing the investigation, the Investigating Officer submitted the final report in the matter. Against that final report, the respondent no.2 Mukesh submitted his objection and prayed to quash the final report. On 12.10.2004, Judicial Magistrate, Roorkee accepted the objections filed by the respondent no.2 and quash the 2 final report submitted by the I.O. and directed the case to be registered as a State case. It was also directed to take the cognizance against the applicants u/Ss 147, 148, 323, 307, 504 and 506 IPC. Against that order, the accused persons went in criminal revision before the Sessions Judge which was decided by the Addl. Sessions Judge/IIIrd F.T.C., Haridwar vide judgment and order dated 7.12.2004 whereby the revision preferred by the applicants was dismissed. Against that order, the applicants then preferred an application u/s 482 Cr.P.C. before this Court. On 10.12.2004, this Court set aside the order dated 12.10.2004 passed by Judicial Magistrate, Roorkee and order dated 7.12.2004 passed by Addl. Sessions Judge/IIIrd F.T.C., Haridwar and remanded the matter to the court of J.M., Roorkee with the direction to decide the matter afresh in accordance with law in the light of observations made in the judgment. Thereafter this case was registered as complaint case on 3.4.2006. The complainant in support of his case produced Dhiraj Singh u/s 200 Cr.P.C. and he also got produced Veer Singh and Kehar Singh u/s 202 Cr.P.C. After hearing learned counsel for the parties and appreciating the material on record, learned Judicial Magistrate, Haridwar vide his judgment and order dated 19.2.2007 took the cognizance against the applicants Shivraj, Nakli, Devraj, Vijendra and Vijay u/Ss 148, 323, 324, 504 and 506 IPC and directed them to appear before the court to face the trial. Against that order, the applicants have preferred this application u/s 482 Cr.P.C. before this Court. A Compounding Application No.1077/2009 has been filed in this Court on behalf of the applicants and respondent no.2 Mukesh, by way of which it has 3 been prayed to allow the applicants to compound the offences under which the applicants have been summoned and the proceedings of the complaint case no.1387/2006 may be quashed. It is well settled that while exercising jurisdiction u/s 482 of the Cr.P.C., the High Court would not ordinarily embark upon the enquiry as to whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. The trial court will decide the case after recording the evidence of the complainant as well as of the accused persons and also on the basis of the appreciation of the evidence as per law. From a perusal of the contents of the complaint and other documents, prima facie it reveals that the offences punishable u/Ss 148, 323, 324, 504 and 506 Cr.P.C. are made out against the applicants. For the reasons recorded above, there is no force in this application. The C482 application is devoid of merits and is hereby dismissed. Interim order dated 5.4.2007 stands vacated. However, it is provided that the applicants would be free to file the compounding application before the court below, which has been filed in this Court. (Dharam Veer, J.) 9.10. 2009 RG