IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 922/2010 Hem Chandra Chaudhary …….Petitioner Versus State of Uttaranchal & Anr. …….Respondents September 27, 2010 Hon’ble Dharam Veer, J. Heard Mr. Rajesh S. Nagarkoti, Advocate for the petitioner and Mr. MA Khan, Brief Holder 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 dated 13.1.2009 as well as the entire proceedings of Criminal Case No. 6/2009, State v. Hem Chandra Chaudhary under Section 323, 325 and 506 IPC pending in the Court of Judicial Magistrate, Ranikhet, District Almora. Facts, in brief, are that respondent no. 3 lodged an FIR with the allegation that on 29.10.2008 at 10.30 am, when he along with his higher officers were busy in inspection in Ranikhet Cantt. area, at that time petitioner came there and misbehaved with the complainant and his superiors and obstructed in discharge of official work. When the petitioner was requested not to behave like that, then he started beating them in which two officers got injured. The petitioner also torn the clothes of the complainant and threatened him to see in future and also threatened to remove him from service. The son of petitioner also threatened to kill him. On the basis of this FIR, a case was registered against the petitioner and his son and the I.O. after the investigation, submitted a chargesheet against them, on the basis of which learned Magistrate has taken the cognizance of the offence against the petitioner and summoned him to face the trial under the aforesaid sections vide order dated 13.1.2009. 2 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 section. 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. Accordingly, the petition being devoid of merit is hereby dismissed. (Dharam Veer, J.) 27.9.2010 PRABODH