IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No.686 of 2011 Vijay Singh Padiyar S/o Shri Indra Sing Padiyar R/o Nirmal Block A Visthapit Colony Rishikesh, Dehradun ………..…Petitioner Versus State of Uttarakhand through Secretary Home Uttarakhand Sashan Dehradun. ....……Respondent Shri Niranjan Bhatt, Advocate, present for the petitioner. Shri B.S. Parihar, Brief Holder, present for the State. 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 petitioner has sought quashing of the proceedings of criminal complaint case no. 419 of 2011, State vs. Vijay Padiyar , relating to offences punishable under section 409, 420 IPC, pending in the court of Chief Judicial Magistrate, Uttarkashi. 2 3. In the First Information Report it is alleged that embezzlement of food grains of market value of more than ` 46,57,531.68/- was done by the petitioner who was a Supply Inspector. Learned counsel for the petitioner submitted that after investigation earlier final report was submitted, but on reinvestigation charge sheet is submitted. It is pleaded that applicant is innocent, and has committed no criminal misappropriation of the property. 4. However, having gone through the papers on record, this Court is of the view that the plea of innocence of the petitioner can be appreciated during the trial. It is not desirable on the part of this Court to examine the factual pleas raised by the petitioner. Only because of the departmental proceedings are initiated against the petitioner, it cannot be said that criminal proceedings cannot be maintained. 5. In the above circumstances, without expressing any opinion as to final merits of the case, the petition under section 482 Cr.P.C. is dismissed with the observation that if the petitioner Vijay Singh Padiyar surrenders before the court 3 concerned (if not on bail) and moves bail application the same shall be heard and disposed of without unreasonable delay. (Stay application no. 875 of 2011, also stands disposed of). (Prafulla C. Pant, J.) Parul 02.08.2011