IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION NO.697 OF 2006 (U/s 482 of Cr.P.C.) Shri Niwas Nautiyal …………Applicant Versus State of Uttarakhand and another …………Respondents Dated: July 27, 2010 Mr. Sandeep Tandon, Advocate for the applicant Mr. Amit Bhatt, Addl. GA for the State Ms. Neelima Mishra, Advocate holding brief of Mr. Ramji Srivastava, Advocate for respondent no.2 HON. DHARAM VEER, J. By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short, Cr.P.C.), the petitioner/applicant has sought quashing of the order dated 1.8.2006 passed by Judicial Magistrate, C.B.I., Dehradun in Criminal Case No.2816 of 2006, State v. S.N. Nautiyal, under Sections 420 and 409 of The Indian Penal Code, 1860 (for short, the IPC) and quashing of the charge sheet dated 13.6.2006 as well as the entire proceedings of the aforesaid case. Heard learned counsel for the parties and perused the entire material available on file. Brief facts of the case are that respondent no.2 Sri Girish Joshi, President, Sardar Bhagwan Singh Post Graduate Institute, Sahkari Karamchari Kalyan Samiti, Balawala, Dehradun, lodged a first information report at P.S. Raipur, District Dehradun stating therein that the applicant was treasurer of the aforesaid Institute from the beginning. During his tenure, one S.P. Singh, partner of the Mata Guzari Girls Hostel handed over a cheque dated 2 12.4.2005 of Rs.2.02 lacs to the applicant which was in the name of Sardar Bhagwan Singh, Sehkari Karamchari Kalyan Samiti and which was signed by Smt. Harinder Pal Kaur. It is alleged that the applicant, without bringing into the notice of the then President Sri B.M. Dhyani, encashed the said cheque and deposited only Rs.1,50,000/- in the account of the society whereas kept Rs.52,000/- with himself. It is further alleged that the applicant resigned from the society on 19.5.2005 without handing over the account of the society and has embezzled Rs.52,000/- of society. With the same averments, the First Information Report was got registered against the applicant as Case Crime No.66/2006, under Sections 420 and 409 of IPC. Thereafter, the matter was investigated and on completion of investigation, the I.O. submitted the charge sheet against the applicant in the court. On receipt of charge sheet, learned Judicial Magistrate, C.B.I., Dehradun vide order dated 1.8.2006 took the cognizance against the applicant and accordingly he was summoned. Against the said charge sheet and the summoning order dated 1.8.2006, the applicant has preferred the present C482 application before this Court. From a perusal of the contents of the First Information Report and after going through other papers available in file, I am of the view that prima facie a case under the aforesaid sections is made out against the applicant. Even otherwise, the trial court will decide the case after recording the evidence of the complainant as well as of the accused and also on the basis of the appreciation of the evidence as per law. It is well settled that while exercising jurisdiction under section 482 of the Cr.P.C., this Court would not ordinarily embark upon the enquiry as to whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be 3 sustained. That is the function of the trial court. If the allegations made in the First Information Report are taken at their face value and accepted in their entirety, I am of the view that the applicant has rightly been summoned by the trial court and the criminal proceedings are accordingly rightly initiated against him. The trial court will decide the case after recording the evidence adduced before it. I am of the view that in the present case there is neither any miscarriage of justice nor any abuse of process of court. For the reasons recorded above, there is no force in the application. The C482 application, being devoid of merit, is dismissed accordingly. (Dharam Veer, J.) 27.07.2010 RG