Uday Pal Vs State of U.P. and Another

Court No. - 22

Case :- APPLICATION U/S 482 No. - 36267 of 2018

Applicant :- Uday Pal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashutosh Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard Sri Kamal Dev and Sri Mukesh Kumar, holding brief of Sri Ashutosh Tiwari, learned counsel for the applicant and learned A. G. A. for the State.

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This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the proceedings of Case Crime No. 0628 of 2015, under Section 135 of Electricity Act, P.S. Ughaiti, District Budaun.

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Learned counsel for the applicant contended that no offence against the applicant is disclosed. He further contended that the entire allegations made against the applicant are false and fabricated. The applicant is innocent and has not committed any offence.

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Learned A.G.A. contended that there is no illegality in passing the impugned order by the court.

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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 applicant.

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All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in exercise of its extraordinary jurisdiction under Section 482 of Cr.P.C.

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In view of above, prayer for quashing the entire proceedings of the aforesaid case is refused.

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However, it is directed that if the applicant appears before the court below and applies for bail, his prayer for bail shall be considered and decided expeditiously, strictly in accordance with law.

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For a period of 45 days from today, no coercive action shall be taken against the applicant.

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With the above direction, application under Section 482 Cr.P.C. is finally disposed of.

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Order Date :- 10.10.2018 VG..

Uday Pal v. State of U.P. and Another

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Uday Pal v. State of U.P. and Another

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