Application under Section 482 Cr.P.C. to quash proceedings remained unargued by the applicant. The single judge held that disputed questions of fact precluded quashing and dismissed the application, vacating any stay order.
Prayer for quashing of charge sheet and proceedings refused.
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Court No. - 15
Case :- APPLICATION U/S 482 No. - 16445 of 2016
Applicant :- Chatr Singh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.,Raju Singh
Hon'ble Umesh Chandra Tripathi,J.
List has been revised. None appeared on behalf of applicants to argue the case.
Heard learned counsel for A.G.A. and learned counsel for opposite party.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 02.02.2016 as well as entire proceedings of Case Crime No. 468 of 2015 under Sections 498A, 323, 504 I.P.C. and 3/4 D.P. Act, Police Station Gunnor, District- Sambhal pending in the Court of A.C.J.M., 1st Budaun.
From perusal of first information report and material available on record, at this stage it cannot be said that no offence is made out against 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.
In view of the above, the prayer for quashing the entire proceedings in the aforesaid case is refused.
Accordingly, this application u/s 482 Cr.P.C. is dismissed .
Stay order, if any, shall stand vacated.
Order Date :- 18.12.2018
VG..
1 issue framed by the court
Whether the prayers for quashing the charge sheet and proceedings under Section 482 Cr.P.C. should be allowed given the existence of disputed facts.
1 provisions across 1 enactments
Chatr Singh and 2 Others
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
