The High Court disposed of an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings. The applicant submitted to the jurisdiction of the lower court and sought bail instead; the matter was accordingly disposed of without entertaining the quashing reliefs.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 10317 of 2021
Applicant :- Shubham Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Ajay Kumar Upadhyay, learned counsel for the applicant and Shri Pankaj Saxena, learned AGA-I appearing for the State-opposite party.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the entire proceedings of Case No. 19711 of 2020 arising out of Case Crime No. 280 of 2020 (State Vs Surya Prakash and others), under section 308, 323, 452, 504, 506 I.P.C., Police Station-Parasrampur, District Basti together with impugned charge sheet dated 06.11.2020 and impugned cognizance order dated 17.11.2020, passed by the learned Magistrate pending in he court of Additional Chief Judicial Magistrate III, Basti.
Counsel for the applicant has sought quashing of the proceedings by referring to the factual aspects of the case and the defence which is sought to be set up on behalf of the applicant.
Learned AGA-I submits that the aforesaid contention would relate to disputed questions of fact and would require appreciation of evidence, which would be beyond the scope and purview of powers to be exercised under Section 482 Cr.P.C. at this stage of the proceedings.
Learned counsel for the applicant has not been able to dispute the aforesaid legal position and fairly submits that he does not wish to press the reliefs, as prayed for in the application. The reliefs sought are therefore, not entertained.
Learned counsel states that the applicant would submit to the jurisdiction of the court below and seek bail.
In case any such application is moved by the applicant, the court below would be expected to pass appropriate orders thereon in accordance with the settled principles of law.
The application stands disposed of accordingly.
Order Date :- 25.8.2021 Kirti
(Dr. Y.K. Srivastava, J)
Shubham
State of U.P.
Yogendra Kumar Srivastava
As recorded by the court registry
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