JUDGMENT Hon'ble Manoj K. Tiwari, J. 1. This criminal miscellaneous application has been filed by the applicant for quashing the summoning order dated 24.01.2012 as well as entire proceedings of Criminal Case no. 746 of 2012, pending in the court of Chief Judicial Magistrate, District Haridwar. 2. Earlier an F.I.R. was lodged by the complainant/respondent No. 2 – Smt. Kusum Gupta. The investigating Officer, after investigation, submitted charge-sheet against the applicants. Same was accepted by the concerned court. Thereafter, cognizance was taken by learned Magistrate. 3. I have considered the submission advanced by learned counsel for the parties. 4. After hearing learned counsel for the parties, I do not find any justification to interfere in the impugned summoning order passed by learned trial court. It is settled position in law that the Court would interfere with a summoning order or proceedings of a criminal case only in rarest of cases where the offence is not made out or there is gross injustice to the accused-applicant. It is also settled position of law that this Court, while hearing the petition under Section 482 Cr.P.C., is not sitting as a trial court & this Court cannot take into consideration the plausible defence of the accused during the course of hearing. I am of the view that the factual aspect of this case needs evidence to be adduced by the parties before the court concerned and the trial court after considering the evidence on record will decide the matter in accordance with law. I am not supposed to embark upon an enquiry with regard to the accusation of the applicant at this stage, as any judgment rendered by me would amount to pre-trial. Therefore, in view of the above facts as well as the submission raised by learned counsel for the applicant, I do not find any abuse of process of court in this case and no flagrant injustice is also going to be caused to the applicant in the case. The contentions, which the learned counsel for the applicant has raised before me, can be raised during defence and evidence may also be led on those aspects. 5. Accordingly, the criminal miscellaneous application under Section 482 Cr.P.C. filed by the applicants is dismissed. Interim order dated 21.11.2012 stands vacated.