Proceeding under Section 482 Cr.P.C. does not allow courts to evaluate evidence, which should be assessed by the trial court.

Hon'ble Pankaj Purohit, J.

By means of present C482 application, applicant seeks following reliefs:-

(i) Quash the order dated 14.08.2023 by the court of learned Judicial Magistrate-1^st Dehradun in Criminal Case No.2893 of 2013, State vs. Ajay Pal & others arising out of the FIR No.139 of 2012.

(ii) Quash the order dated 20.01.2024 passed by the court of learned 1^st Additional Sessions Judge, Dehradun in Criminal Revision No.202 of 2023, Sipiyan Singh vs. State of Uttarakhand & others.

(iii) Allow the application dated 19.05.2023 filed by the applicant in Criminal Case No.2893 of 2013, State vs. Ajay Pal & others under Section 239 Cr.P.C. and discharge the accused from the charges U/S 379, 411 IPC.

2. Brief facts of the case are that respondent no.2 lodged an FIR on 09.05.2012 against unknown person at Police Station Nehru Colony, District Dehradun with the allegations that some persons have stolen a motorcycle of respondent no.2 bearing Vehicle No.UK-07X-1593. Thereafter, the police arrested the applicant along with five other persons and prepared the recovery memo dated 11.05.2012. Pursuant thereto, a charge-sheet has been filed against the applicant and five other accused on 21.07.2012.

3. The trial court on the said charge-sheet took cognizance against the applicant and five other accused and summoned them to face the trial. Thereafter, applicant filed an application before the trial court under Section 239 Cr.P.C. on 19.05.2023 for discharging the accused on the ground that the alleged motorcycle which was recovered from the possession of the applicant, was the vehicle, which was purchased by him from one Mr. Vikas Kumar on 10.04.2012. The learned Magistrate partially allowed the said application and summoned the applicant to face the trial vide its order dated 14.08.2023. Aggrieved by the order dated 14.08.2023, applicant moved a Criminal Revision No.202 of 2023 which too was rejected by the revisional court vide its order dated 20.01.2024. Challenging both the orders, applicant is before this Court.

4. Heard learned counsel for the parties.

5. Learned counsel for the applicant submits that the vehicle which was allegedly recovered from the applicant was never reported as missing or stolen before any police station and no FIR was lodged regarding the said vehicle. He further submits that the statement given under Section 161 Cr.P.C. by other co-accused cannot be the sole basis of framing charges against the accused. He also submits that the learned revisional court failed to appreciate the fact that the Motorcycle which was recovered from the possession of the applicant was purchased by him and no such statement was given by any of the accused persons which indicates that the applicant jointly stolen the vehicle allegedly recovered by the Police.

6. Per contra, learned State Counsel submits that the trial court after going through the entire investigation and after applying its judicial mind has passed the summoning order which has been challenged on the factual ground. Furthermore, an application under Section 239 Cr.P.C. moved by the applicant was rejected by trial court by a detailed order which was upheld by the revisional court.

7. I have gone through the reasoning assigned by learned Magistrate as well as learned revisional court while passing the impugned orders. This Court while sitting in the inherent jurisdiction under Section 482 of Cr.P.C. is not enjoined to sift the evidence between the parties and the same can be done only by the trial court. The reasoning given by both the courts is quite convincing and needs no interference.

8. In this view of the matter, I find no irregularity or illegality in the orders passed by the courts below. There are concurrent findings of fact against the applicant and there is no ground for interference in this matter. Accordingly, the present criminal misc. application fails and is hereby dismissed.

9. Pending application, if any, stands disposed of accordingly.