Held that disputed facts cannot be adjudicated under Section 482 Cr.P.C. and the prayer to quash the chargesheet and summoning order was dismissed with a stay on coercive action for thirty days.
Stay on coercive action for thirty days; no quashing of proceedings.
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Court No. - 28
Case :- APPLICATION U/S 482 No. - 14749 of 2018
Applicant :- Narendra And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Om Prakash Katiyar,Adya Prasad Tewari Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A.G.A., for the State and perused the record.
This application under Section 482 Cr.P.C., has been filed for quashing the impugned chargesheet dated 15.11.2016 in Case Crime No. 612 of 2016 under Sections 323, 324, 504 IPC, Police Station Mohammdabad District Farrukhabad and further to quash the summoning order dated 8.2.2017 passed by the Additional Chief Judicial Magistrate, Farrukhabad.
The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. Further contention of learned counsel for the applicants is that informant/opposite party No. 2 (Diwari Lal) has filed NCR on the basis of false allegation and forged medical report in counter blast of complaint filed by applicant Narendra against Diwari Lal and his family members.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
The prayer for quashing the entire proceedings in the aforesaid case crime is refused.
This application under Section 482 Cr.P.C., is dismissed .
It is provided that for a period of thirty days from today, no coercive action shall be taken against the applicants.
Order Date :- 16.5.2018
Jaswant
1 issue framed by the court
Whether the materials on record disclose an offence against the applicants justifying quashing of chargesheet under Section 482 Cr.P.C.
1 provisions across 1 enactments
Narendra And Another
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
