IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Stay Vacation Application No. 1295 of 2010 Urgency Application No. 1943 of 2011 In CRIMINAL MISC. APPLICATION (C-482) No. 873 of 2010 1. Rajender Singh Bisht S/o Late Shri S.S.Bisht R/o Badripur road, Village Badripur, Dist Dehradun 2. Chandra Shekhar Mamgai S/o Shri J.P.Mamgai R/o Badripur road, Village Badripur, Dist Dehradun 3. Rahul Ahluwalia S/o Shri S.S.Ahluwalia R/o C-7, Nehru Colony Dehradun, Dist Dehradun ………………..Applicants Versus 1. State of Uttarakhand through Secretary home Dehradun. 2. Suraj Bhan S/o Prabhu Ram R/o 226, Lunia Mohalla P.S.Kotwali, Dehradun ………….Opposite parties Shri R.P.Nautiyal, Advocate, present for the petitioners Shri M.A.Khan, Brief Holder, present for the State. Shri Ramji Srivastava, Advocate and Shri Arvind Vashisth, Advocate, present for the respondent no.2 Hon’ble Prafulla C. Pant, J. 2 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. 95 of 2010, State vs. Rajender Singh Bisht and others relating to offences punishable under section 420, 467, 468 and 471and 120B I.P.C, pending in the court of Chief Judicial Magistrate, Dehradun. (3) Learned counsel for the petitioners submitted that the petitioners are the bonafide purchasers of the property in dispute and no criminal liability is attracted against them. On the other hand, on behalf of the respondents it is pleaded that the accused Ravi Mittal and the petitioners transferred the land which had already transferred to the complainant through registered sale deed. (4) Having considered submissions of learned counsel for the parties, and after going though the papers on record, this court is not inclined to interfere with the trial as the factual disputes have been raised as to whether the petitioners are banafide purchasers, or not. (5) Therefore, without expressing any opinion as to final merits of the case pending before the trial court, the petition under section 482 of Cr.P.C., is 3 dismissed, with the observation that if the petitioners namely Rajender Singh Bisht, Chandra Shekhar Mamgai and Rahul Ahluwalia surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay, keeping in mind that Ravi Mittal has already been enlarged on bail. (Stay Vacation Application No. 1295 of 2010 and Urgency Application No. 1943 of 2011 stand disposed of). (Prafulla C. Pant, J.) Dt.21.05.2011 N.P