C482 No. 1091 of 2010 with CRMA No. 1291 of 2010 Hon'ble Prafulla C. Pant, J. Shri B.S.Parihar, Advocate, present for the petitioner Shri S.S.Adhikari, A.G.A, present for the State. Heard. 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. 1367 of 2009, relating to offences punishable under section 302, 506, 147, 148, 149 read with section 34 I.P.C, P.S.Kunda, District Udham Singh Nagar. Learned counsel for the petitioner submitted that petitioner was not named in the First Information Report. However, after investigation the police has submitted charge sheet against the five persons, including the four named in the First Information Report. Merely, on account of the fact that the person is not named in the First Information Report , it can not be said whether the person charge sheeted has been falsely implicated in the case, or not. Apart from this, in its jurisdiction under section 482 of Cr.P.C., this court is not inclined to go into the factual aspect of the matter, as to whether the petitioner Jakir @ Arjun is innocent or not. Considering the facts and circumstances of the case, and the nature of offence (302 I.P.C) this court is not inclined to interfere with the proceedings of the trial. The petition under section 482 of Cr.P.C., is dismissed summarily. (Stay Application No. 1291 of 2010 also stands dismissed). (P.C.P., J.) 4-1-2011 NP