IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Appln C482 No. 54 of 2008 Mr. Rajan Malik S/O Shri C.L.Malik R/O Hotel Broadway, Kulri, Mussoorie District Dehradun. ………. Applicant Versus 1. State of Uttarakhand 2. Suresh Kumar Puri S/O Late Shri H.S Puri R/O, 1, Haridwar Road Police station, Kotwali, Dehradun …………..Opposite parties Shri L.K.Tiwari, Advocate present for the petitioners Shri B.S.Parihar, Brief Holder, present for the State Shri Pankaj Miglani, Advocate, present for respondent no.2/complainant Hon’ble Prafulla C. Pant, J. Heard (2) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of Criminal Case No. 2704 of 2007, state vs. Karan Singh Chauhan, relating to offences punishable under section 467, 468, 429, 466, 120B I.P.C, pending in the court of Chief Judicial Magistrate Dehradun. (3) Learned counsel for the petitioner submitted that though in the First Information Report, it is alleged that the sale deed 2 was executed in favour of Sandip Sahni by accused Karan Singh Chauhan after allegedly forging a will of Surya Kumar Puri. It is pleaded that the petitioner has been shown as a witness of the will; as such he has no roll in commission to crime. (4) On the other hand learned counsel for respondent no.2 drew attention of this court to the fact that the petition under section 482 of Cr.P.C (Criminal Misc. Application No. 24 of 2008) filed by co accused R.S.Panwar with similar role has been dismissed by this court vide its order dated 08.08.2008. (5) The plea of innocence taken by the petitioner is factual in nature which requires recording of evidence by the trial court. In the facts and circumstances, the present case can not be said to be a case of abuse of process of law or a case in which the powers under section 482 of Cr.P.C should be exercised. (6) Therefore, without expressing any opinion as to final merits of this case, the petition under section 482 of Cr.P.C is dismissed with the observation that if the petitioner Rajan Malik surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. (Prafulla C. Pant, J.) Dt.09.6.2010 N.P 3