IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No. 342 of 2010 1. Jaswant Singh @ Jassa S/o Bachan Singh. 2. Balbir Singh S/o Janrail Singh 3. Gurudeep Singh @ Deepa S/o Capt. Darbara Singh All R/o Village Sisaya Sitarganj Udham Singh Nagar. ………..…Applicants. Versus 1. State of Uttarakhand through Secretary Home, Uttarakhand, Dehradun. 2. Khatib Ahmad, S/o Ajij Ahmad R/o Village Sasaya Sitarganj Udham Singh Nagar ..……Opposite parties. Shri B.S. Parihar, Advocate, present for the petitioners. Shri M.A. Khan, Brief Holder, present for the State. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the petitioners and learned counsel for the state. 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 of the charge sheet which is 2 registered as criminal case No. 1400 of 2008 State vs. Jaswant Singh @ Jassa & others relating to offences punishable under section 147, 148, 149, 307, 504 and 506 of I.P.C., Police Station Sitarganj, District Udham Singh Nagar, pending in the court of Judicial Magistrate, Khatima. 2. Learned counsel for the petitioners submitted that due to the election rivalry, a first information report was lodged by the respondent No. 2/complainant and the case against the petitioners is false. Whether allegations made in the prosecution case are correct of not, can be examined by the trial court after recording the evidence. Merely for the reason that the first information report was lodged due to the election rivalry, that factual aspect cannot be appreciated by this Court on the basis of half baked evidence. 3. Therefore, the petition under section 482 of Cr.P.C., is dismissed with the observation that if the petitioners namely Jaswant Singh @ Jassa, Balbir Singh and Gurudeep Singh @ Deepa, surrender before the court concerned 3 their bail application shall be heard and disposed of without unreasonable delay. (Stay application No. 384 of 2010, stands disposed of.) (Prafulla C. Pant, J.) Dt:27.04.2010 parul 4