BHUWAN CHANDRA LOHANI Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-3-71
HIGH COURT OF UTTARAKHAND
Decided on March 19,2012

Bhuwan Chandra Lohani Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Prafulla C. Pant, J. - (1.) HEARD . By means of this petition moved under section 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings of Criminal Case No. 203 of 2010, Girish Chandra Sharma v. Bhuwan Chandra Lohani and others, relating to offence punishable under section 500 of I.P.C., pending in the court of Chief Judicial Magistrate, Almora.
(2.) COUNTER affidavit and rejoinder affidavit have already been exchanged between the petitioners and respondent no. 2. It is pleaded on behalf of the petitioners that they have been falsely implicated in the criminal complaint case by the respondent no. 2. Factual pleas have been raised in the petition stating that the petitioners, in the facts and circumstances of the case have not committed any offence. On the other hand, respondent no. 2 (complainant), in his counter affidavit has reiterated the contents of the criminal complaint relating to the allegedly defamatory publication of the article in the newspaper.
(3.) FACTUAL disputes raised by the parties cannot examined by this court in its jurisdiction under section 482 of Cr.P.C., on the basis of half baked evidence before it. It is for the trial court to record the evidence and examine such pleas to come to the conclusion as to whether the petitioners have committed any offence or not. For the reasons as discussed above, this petition under section 482 of Cr.P.C., is dismissed, without expressing any opinion as to final merits of the case, pending before the trial court. (Misc. Application No. 1301 of 2012 also stands disposed of).;


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