IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 190/2008 Vinod Pandey …….Petitioner Versus State of Uttarakhand & Anr. …….Respondents July 12, 2010 Hon’ble Dharam Veer, J. Heard Mr. Ramji Srivastava, Advocate for the petitioner, and Mr. Amit Bhatt, Addl. GA for the State. This petition under Section 482 of Code of Criminal Procedure, 1973 (for short, CrPC) has been filed for quashing the summoning order and the entire proceedings of Criminal Case No. 3999/2007, State v. Vinod Pandey & Ors. under Section 323, 504, 427 IPC pending in the Court of Judicial Magistrate (CBI), Dehradun. Facts, in brief, are that respondent no. 2 lodged an FIR with PS Basant Vihar on 8.11.2006 with the averments that on 5.11.2006 at about 10 pm, the petitioner and other co-accused committed marpit with him as well as with his chowkidar and they stated that the property which the complainant has purchased from Balwant Singh is registered in their name. They also damaged the household articles and the crop. The complainant and his chowkidar ran away and saved themselves. On the basis of this FIR, a case was registered against the petitioner and the other co-accused. After the investigation, the I.O. submitted a chargesheet against the petitioner and the other co-accused, on the basis of which learned Judicial Magistrate (CBI), Dehradun has taken the cognizance of the offence against the petitioner and the other co-accused. Learned Counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. I do not find any force in this argument due to the reason that from the perusal of the contents of FIR and statements of the witnesses recorded under Section 161 CrPC and other evidence collected by the I.O., a prima facie case is made out against the petitioner under the aforesaid sections. The dispute involves factual question which cannot be decided by this Court. The dispute can be decided only after adducing the oral and the documentary evidence by the parties before the trial court. It cannot be decided by this Court only on the basis of papers filed on the record. Even otherwise, the trial court will decide the case after recording the evidence of the complainant as well as of the accused and also on the basis of the appreciation of the evidence as per law. If the allegations made in the FIR and the evidence collected by the Investigating Officer and the statements of witnesses recorded by the I.O. during the course of investigation are taken at their face value and accepted in their entirety, I am of the view that the petitioner has rightly been summoned. The trial court will decide the case after recording the evidence adduced before it. I am of the view that in the present case there is neither any miscarriage of justice nor any abuse of process of Court. The petitions lack merit and are liable to be dismissed. Accordingly, the petition is hereby dismissed. (Dharam Veer, J.) 12.7.2010 PRABODH 2