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Judgment
Prafulla C. Pant, J.—Heard.
By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure) the Petitioner has sought quashing of the proceedings of criminal case No. 271 of 2011, State v. Mahesh Parihar, relating to offences punishable u/s 147, 332, 186, 427 Indian Penal Code, and one punishable u/s 7 Criminal Law Amendment Act, Police Station Bageshwar, District Bageshwar.
The allegations in the First Information Report are that some members of public, shouting slogans, entered in the office of Superintendent of Police, Tehsil and Collectorate, whereafter they broke up the channel lock, uprooted the name plates, damaged the fire extinguishing equipments, and thereafter broke a generator. After investigation charge sheet has been filed against the Petitioner Mahesh Parihar and one Bhuwan Pathak.
Learned Counsel for the Petitioner has pleaded that the Petitioner is a social worker. However, the plea of ali-bi or any other pleas of innocence taken by the Petitioner are factual in nature which cannot be examined by this Court in its jurisdiction u/s 482 Code of Criminal Procedure. It is for the trial court to see the same after recording evidence in the case.
In the above circumstances, without expressing any opinion as to final merits of the case, the petition u/s 482 Code of Criminal Procedure, is dismissed with the observation that if the Petitioner Mahesh Parihar surrenders before the court concerned his bail application shall be heard, and disposed of without unreasonable delay.