IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No. 1215 of 2010 1. Vishan Dutt, S/o Daya Ram 2. Smt. Leela Devi, W/o Shri Maheshanand Gaur 3. Smt.Madhu Khantwal W/o Shri Diwakar Khantwal 4. Dharmanand Gaur, S/o Pyare Lal Gaur 5. Maheshanand Gaur, S/oVishan Dutt Gaur All R/o Village Nandpur, Tehsil Kotdwar District Pauri Garhwal ………..…Petitioners Versus 1. State of Uttarakhand, through Secretary Home Dehradun 2. Gopi @ Bhaskar S/o Mahavir Singh R/o Village Nandpur P.S.Kotdwar, District Pauri Garhwal ....……Respondents Shri G.S. Negi, Advocate, present for the petitioners. Smt. Mamta Bisht, A.G.A., present for the State. Shri Raman Kumar Shah, Advocate, present for the respondent no. 2 Hon’ble Prafulla C. Pant, J. Heard. 2. By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners have sought quashing 2 of the proceedings of criminal compliant case no. 333 of 2010, Gopi @ Bhaskar vs. Vishan Dutt and others, relating to offence punishable under section 324 IPC, pending in the court of Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal. 3. Learned counsel for the petitioners submitted that the impugned criminal complaint is counter blast to the criminal case filed against the complainant Gopi @ Bhaskar Singh and others relating to offences punishable under section 147, 307, 504, 427 IPC. 4. In reply to above, learned counsel for the respondent no. 2 drew attention of this Court to the injury report (Annex. 1 to the counter affidavit) which relates the injury suffered by Gopi @ Bhaskar Singh recorded by Emergency Medical Officer of Government Hospital, Kotdwar, on 25.08.2007. Also it is pointed out on behalf of the respondent no. 2 that after x-ray, the injury was found to be grievous in nature as is apparent from the medical registration slip (copy Annex. 4 to the petition) and x-ray report (Annex. 2 to the petition to the counter affidavit). 3 5. Having considered submissions of learned counsel for the parties, this Court finds that it is factual dispute between the parties as to who is the aggressor which cannot be decided by this Court with half baked evidence before it. It is for the trial court to examine if the petitioners are innocent or not. 6. Therefore, the petition under section 482 Cr.P.C., is dismissed with the observation that if the petitioners namely Vishan Dutt, Smt. Leela, Smt. Madhu, Dharmanand and Maheshanand surrender before the court concerned or appear before it their bail application shall be heard and disposed of without unreasonable delay. (Stay vacation application no. 528 of 2011, stands disposed of). (Prafulla C. Pant, J.) Parul 10.08.2011 4