IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 808 of 2011 1. Ashim S/o Mohd Jahid 2. Azam S/o Mohd Jahid 3. Mohd Hasib S/o Mohd Mohir All are R/o Kidwai Nagar, Banbhoolpura Haldwani, District Nainital 4. Yashir S/o Mohd Shakir R/o Bidi wala, Kidwai Nagar, Banbhoolpura Haldwani, District Nainital 5. Musarrath @ Nushrat S/o Aizaz Aalam 6. Ishrat S/o Sri Aizaz Alam R/o Muskan P.C.O., Chorgalia Road, Banbhoolpura, Haldwani District Nainital ………………............Petitioners Versus 1. State of Uttarakhand, through Secretary, Home, Dehradun. 2. Smt. Sabri Begum W/o Late Gulam Khan R/o Line no.10, Chorgalia Road, Haldwani, District Nainital ………….........Respondents Shri Pradeep Hairiya, Advocate, present for the petitioners. Shri B.S.Parihar, Brief Holder, present for the State. 2 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. 362 of 2009 State vs. Ashim and others, relating to offences punishable under section 147, 149, 436, 452, 323, 506, 427 I.P.C., police station Haldwani, District Nainital, pending in the court of Additional Chief Judicial Magistrate, Haldwani. (3) The criminal case is pending since 2009, and after two years the proceedings are being challenged by the petitioners. The First Information Report is read out before me and it is argued that the story is highly improbable. However, going through the contents of the F.I.R, on its face value this court does not think so. The police, after investigation has submitted charge sheet only against six persons, though more than forty persons said to have attacked the house of the complainant in the incident. (4) Having considered submissions of learned 3 counsel for the petitioners, and learned counsel for the State, and after going through the papers on record, this court is not inclined to interfere with the trial of the case. (5) Therefore, without expressing any opinion as to final merits of the case, this petition under section 482 of Cr.P.C., is dismissed summarily, with the observation that if the petitioners namely Ashim, Azam, Mohd. Hasib, Yashir, Musarrath and Ishrat surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay. (Prafulla C. Pant, J.) Dt.09.09.2011 N.P