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Judgment
Hon''ble Prafulla C. Pant, J.—Heard.
By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings of Criminal Case No. 1534 of 2011, State vs. Shalini Verma and another relating to offences punishable u/s 408 and 120B Indian Penal Code, police station Dalanwala, pending in the court of Chief Judicial Magistrate, Dehradun.
It is pleaded on behalf of the petitioners that they were earlier disciples of Shri Satpal Maharaj, Member of Parliament, and got married to each other against the wishes of complainant Gulab Singh, who claims himself to be a personal secretary of the Member of Parliament. The allegations in the First Information Report are that petitioner no.2 received sum from the complainant for purchase of stationery and misappropriated the same. After investigation, charge sheet has been filed by the Investigating Officer.
Factual pleas of innocence, and defences based on factual questions are raised in the petition which can not be examined by this court in its jurisdiction u/s 482 of Code of Criminal Procedure. It is desirable for the trial to examine the same at the time of the trial.
Therefore, without expressing any opinion as to final merits of the case, the petition u/s 482 of Cr.P.C., is dismissed summarily with the observation that if the petitioner no. 2 Shalini Verma surrenders before the court concerned, her bail application shall be heard and disposed of without unreasonable delay, keeping in mind that she is a woman. It is further observed that the petitioners may argue on the points raised before this court at the time of framing of the charge, before the trial court.