C482 No. 1162 of 2011 with CRMA No. 1566 of 2011 Hon'ble Prafulla C. Pant, J. Mr. Bhuvnesh Joshi, Advocate, present for the petitioners. Mr. B.S. Parihar, Brief Holder, present for the State. Heard. By means of this petition moved under section 482 of Code of Criminal Procedure, 1973, (for short Cr.P.C.) the petitioners have challenged the order dated 23.09.2011, passed by II F.T.C./Additional Sessions Judge, Hardwar, in criminal revision no. 139 of 2009, Krishna Dutt & ors. vs. State of Uttarakhand & ors., whereby said court has affirmed the summoning order passed by the Magistrate on 23.07.2004, in criminal complaint case no. 560 of 2008, Mahendra Vs. Krishna Dutt & others relating to offences punishable under section 452, 323, 504, 506, 427 IPC, Police Station Gangnahar, pending in the court of Additional Civil Judge (Jr. Div.)/ Judicial Magistrate, Roorkee, Hardwar. Factual pleas of defense have been raised by the petitioners in this petition which cannot be examined by this Court in its jurisdiction under section 482 Cr.P.C.. Two courts have already applied their mind, and found that it was a fit case to summon the accused (petitioners) in the criminal complaint case filed by the respondent no. 2 Mahendra Singh In the above circumstances, this Court is not inclined to interfere with the trial of the case, as the same appears to be pending since 2004. Therefore, without expressing any opinion as to final merits of the case the petition under section 482 Cr.P.C., is dismissed summarily with the observation that if the petitioners Darshan Singh, Krishna Datt, Ilam Chand, Tomas and Rampal surrender before the court concerned their bail application shall be heard, and disposed of without unreasonable delay. (Stay application no. 1566 of 2011, stands disposed of). (Prafulla C. Pant, J.) Parul 23.12.2011