IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No.696 of 2011 Badar Ahmad S/o Matloob Ali R/o Village Kumrari, P.S. Manglore, District Haridwar ………..…Petitioner Versus 1. State of Uttarakhand through Secretary Home Dehradun. 2. Yakoob, S/o Bundu Hasan R/o Village Shahpur P.S. Bhagwanpur,Tehsil Roorkee District Haridwar ....……Respondents Shri Manish Arora, Advocate, present for the petitioner. Shri S.S. Adhikari, A.G.A., 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 case no. 2051 of 2009, State vs. Jamil and others, relating to offences punishable under section 420, 468, 471, 120B, 218 IPC, Police Station 2 Kotwali Roorkee, District Haridwar, pending in the court of Judicial Magistrate, Roorkee. 3. The petitioner has challenged the summoning order of the year 2009, after about two years. The plea taken in the petition is that the civil suit is pending between the parties in respect of the property in question. 4. However, merely for the above reason it cannot be said that if the criminal liability, is also made out, the proceedings of the criminal case cannot be maintained. The plea of defence taken by the petitioner in the petition are mostly factual in nature which cannot be examined by this Court in its jurisdiction under section 482 Cr.P.C.. It is desirable for the trial court to examine such pleas, if raised before such court. 5. Therefore, 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 Badar Ahmad surrenders before the court concerned his bail application shall be heard, and disposed of without unreasonable delay. (Prafulla C. Pant, J.) Parul 04.08.2011