PRAVEEN GOYAL S/O SHRI SRICHAND GOYAL R/O NALAPANI ROADSHASTRADHARA, DEHRADUN Vs. STATE OF UTTARAKHAND THROUGH S.S.P. DEHRADUN AND MANOJ KUMAR PANT S/O LATE SATYA DEV R/O VILLAGE DANDA LAKHAUND P.S. RAIPUR, DEHRADUN

JUDGEMENT

(1.) 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. 8234 of 2008, State vs. Sanjay Ghai and others, relating to offences punishable under section 420, 467, 468, 471, 120B IPC, pending in the court of Additional Chief Judicial Magistrate (Ist) Dehradun.

(3.) HOWEVER , on going through the papers on record, this Court finds that it is a case in which complicated questions of fact are involved, and it is not clear if the transferrers were owners of the property in question. In such matters, factual pleas raised by the petitioner cannot be examined by this Court in its jurisdiction under section 482 Cr.P.C., on the basis of half baked evidence before it. It is for the trial court to examine such pleas if raised before it after recording of the evidence. The case is already pending since 2008, and summoning order is being challenged after a period of three years.