IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 700 of 2011 with Stay Application No. 909 of 2011 Tamrej S/o Inamulkhk R/o Village Kumradi, P.S. Kotwali Manglaur District Hardwar ……………….Petitioner Versus 1. State of Uttarakhand, Through Secretary Home Uttarakhand, Dehradun. 2. Gulfam S/o Saleem R/o Village Kumradi, P.S. Kotwali Manglaur District Hardwar ………….....Respondents Shri Lalit Tewari, Advocate, present for the petitioner Shri S.S.Adhikari, A.G.A., present for the State. Hon’ble Prafulla C. Pant, J. 2 Heard. (2) By means of this petition moved under section 482 of Cr.P.C., the petitioner has sought quashing of the proceedings of Criminal Case No. 2513 of 2010, State vs. Tamrej, relating to offences punishable under section 406, 506 and 420 I.P.C., Manglaur, District Hardwar, pending in the court of Additional Civil Judge (J/D)/Judicial Magistrate, Roorkee. (3) The allegation against the present petitioner is that he criminally misappropriated amount of ` 1,65,000/- which was received by him after public auction of 57 trees. (4) Learned counsel for the petitioner submitted that the amount in question was spent on the developmental work of the village by the petitioner, who is Village Pradhan. Such factual plea can not be examined by this court in its jurisdiction under section 482 of Cr.P.C. It is for the trial court to examine such plea if raised before it. The allegation in the First Information Report is that petitioner did not even deposit the amount in the public account of the gaon sabha. (5) In the above circumstances, this court is not 3 inclined to interfere with the trial of the case. Therefore, the petition under section 482 of Cr.P.C., is dismissed summarily without expressing any opinion as to final merits of the case, pending before the trial court, with the observation that if petitioner Tamrej surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. (Stay Application No. 909 of 2011 stands disposed of). (Prafulla C. Pant, J.) Dt.04.08.2011 N.P