IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 389 of 2004 Sunder Lal Gangwar and another …Applicants Versus State of Uttaranchal & others …Respondents Mr. Rajendra Kotiyal, Advocate for the applicants Mr. S.S. Adhikari, A.G.A. for the respondents Hon’ble B.C. Kandpal, J. By way of this petition under Section 482 Cr.P.C. the petitioners have sought the relief for quashing the entire proceedings of Case No. 671 of 2004, State vs. Mor Singh and others, under Sections 406, 409, 420, 467, 468, 471, 120B I.P.C., pending before Chief Judicial Magistrate, Tehri Garhwal. 2- The State has filed the counter affidavit. 3- Learned counsel for the petitioners has invited my attention towards paragraph nos. 23 and 24 of the affidavit annexed along with the application under Section 482 Cr.P.C. wherein it has been mentioned that after inquiry General Manager of District Cooperative Bank informed the District Assistant Registrar on 1.10.2002 that whole amount of so called embezzlement has been deposited and about the withdrawal of First Information Report they have no objection. The District Assistant Registrar Cooperative wrote a letter to the Investigating Officer as well as to the prosecution officer of District Tehri Garhwal on 8.10.2002 that now bank is not interested to 2 prosecute the accused regarding the F.I.R. as the whole amount of embezzlement has been recovered. 4- The respondents in their counter affidavit filed by Sri S.N. Dobhal, District Assistant Registrar, Cooperative Societies, Tehri Garhwal, have nowhere denied the aforesaid facts. 5- In view of the aforesaid circumstances, I think it would be just and proper that the petitioners may move an application before the trial court where the matter is pending giving the entire details for the proper adjudication of the case. The trial court shall take all the material into consideration and then decide the matter in accordance with law. 6- With the aforesaid observations, the petition is finally disposed of. (B.C. Kandpal, J.) 27-03-2010 SP