1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application (C482) No. 999 of 2011 1. Abdul Rasheed 2. Sharafat Both S/o Abdul Gaffur R/o Village Gojhani Tehsil Ramnagar District Nainital 3. Najakat Ali, S/o Abdul Gaffur R/o Gularghati Road, Seful Islam Near Madarsa Tehsil Ramnagar, District Nainital 4. Ajijurrahman @ Gama 5. Guddu Both S/o Abdul Rasheed R/o Village Gojhani Tehsil Ramnagar District Nainital …..…Petitioners Versus Masitulla, S/o Abdul Gaffur R/o Moradabad Road, Near Ganga Dharm Kanta Kashipur, District Udham Singh Nagar ……….Respondent Mr. Abhishek Verma, Advocate, present for the petitioners. 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 petitioners have sought 2 quashing of the proceedings of criminal complaint case no. 416 of 2011, Masitulla vs. Abdul Rasheed and others, relating to offences punishable under section 147, 148, 325, 504, 506 IPC, Police Station Kunda, pending in the court of Judicial Magistrate, Kashipur, Udham Singh Nagar. 3. Learned counsel for the petitioners submitted that petitioner nos. 1, 2, 3 and complainant are real brothers. It is further pleaded that there is property dispute between them. It is also stated that one of the petitioner has also taken plea of alibi. 4. However, on going through the papers on record, this Court finds that the allegations in the criminal complaint are supported by medical report relating to injuries suffered by the complainant which discloses two incised wounds. As far as plea of alibi is concerned the same is factual plea which cannot be examined by this Court in its jurisdiction under section 482 Cr.P.C.. It is for the trial court to examine such plea after recording evidence of the parties. 3 5. For the reasons as discussed above, 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 petitioners namely Abdul Rasheed, Sharafat, Najakat, Ajijurahman @ Gama and Guddu surrender before the court concerned their bail application shall be heard, and disposed of without unreasonable delay. (Prafulla C. Pant, J. ) Parul 03.11.2011