IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL. Criminal Misc. Application No. 152 of 2003 1- Vinod Kumar Sharma @ Bunty S/o Bhagwat Prasad Sharma, 2- Ram Rati W/o Vinod Kumar Sharma @ BuntyR/o Vilage Bahadrabad P.S. Jwalapur, District Haridwar ..Applicants. Vs. 1- State of Uttaranchal, 2- Investigating Officer case crime No. 363/02 P.S. Jwalapur District Haridwar. 3- Chief Judicial Magistrate, Haridwar, 4- Satpal Singh, Teacher Rashtriya Inter College Rohalki P.S. Jwalapur, District Haridwar … Respondents. Dated: 08-01-2008 Hon’ble B.C. Kandpal, J. List has been revised. No has appeared on behalf of the petitioners inspite of sufficient information. The respondent No.4 has also not filed counter affidavit despite sufficient service. 2- Heard Sri Prabhakar Joshi, learned A.G.A. for respondent/State and perused the record. 3- By way of this petition U/S 482 of the Cr.P.C. the petitioners have prayed to issue direction commanding the court below not to arrest the applicants while committing the case No. 4054 of 2002, in case crime No. 363 of 2002, U/Ss 323/504 I.P.C. and Section 3 (1)(X) of S.C. S.T. Act and further direction be issued to decide the case in the light of compromise between the parties. 2- Brief facts giving rise to this petition are that an F.I.R. was lodged against the petitioners by respondent No.4 for an offence U/Ss 323/504 I.P.C. and Section 3(1)(X) of S.C. S.T. Act. The police registered the case, investigated the same, and after completing the investigation, found prima facie case against the accused/petitioners and accordingly submitted charge sheet against the accused/applicants. The petitioners have approached this court by way of this petition U/S 482 of the Cr.P.C. that the case is exclusively triable by Court of Sessions and they may not be arrested while committing the case to the court of Sessions. 3- After having considered the prayer made by the petitioners in the petition, I do not find any ground to allow the prayers made in this petition. The police after investigation of the case, submitted charge sheet against the accused/petitioners. As the case is triable by Court of Sessions and is to be committed to it in accordance with law, no direction can be issued to the court below not to arrest the petitioners in a proceeding U/S 482 Cr.P.C. So far as the prayer to file the compromise by the parties is concerned, the parties have every right to file the same at appropriate stage of the case and in this regard no specific directions can be issued merely on one sided assertion of the accused/petitioners as in this case no counter has been filed from the side of the complainant. 4- The petition lacks merit and is liable to be dismissed. 5- Accordingly the petition is dismissed. The interim order dated 4-8-2003 stands vacated. (B.C. Kandpal, J.) ISB