The High Court disposed of an application under Section 482 CrPC seeking to set aside a lower court order and stay proceedings. Finding mediation failed and the trial is at the stage of framing charges, the court held no interference was called for.
no interference in the matter
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Court No. - 78
Case :- APPLICATION U/S 482 No. - 6574 of 2018
Applicant :- Subhash Chandra Sharma and others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Garun Pal Singh,Vikas Sharma Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants and the learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to set aside the order dated 28.5.2016 passed by Judicial Magistrate, Mathura in case no.881 of 2013, arising out of case crime no. 249 of 2012, under Sections 498-A, 323, 504 and 506 IPC, Police Station Mahawan, District Mathura, and further to stay further proceedings of the aforesaid case.
In this matter, mediation has failed. Applicants have obtained bail and are participating in the proceeding before the Court below. Grounds taken in the application may be raised before the Court concerned at appropriate stage of trial. Further, Court concerned has proceeded to frame charge against applicant. In the circumstances and also keeping in view the stage of trial, no interference is called for in the matter.
With the aforesaid observations, the application stands disposed of.
Order Date :- 12.2.2020
safi
Subhash Chandra Sharma and others
State of U.P.
Om Prakash
As recorded by the court registry
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