Criminal applicant sought quashing of proceedings under Cr.P.C. s.482. Court held matter required evidence appreciation beyond s.482 scope. Applicant withdrew prayer. No orders passed. Applicant to seek bail separately.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 10865 of 2021
Applicant :- Rajaram And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajai Kumar Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Ajay Kumar, learned counsel for the applicants and Sri Pankaj Saxena, learned AGA-I appearing for the State-opposite party no.1.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the charge sheet no. 121 of 2020 dated 03.06.2020 and cognizance order dated 21.10.2020 in Special Sessions Trial No. 1251 of 2020 (State vs. Rajaram and 3 others) arising out of Case Crime No. 0108 of 2020, under Sections 323, 324, 504 IPC and 3(1)(r) of SC/ST Act, 1989 (Amendment 2015), Police Station Bilsi, District Budaun pending in the court of the Special Judge, SC/ST Act, Budaun.
Learned counsel for the applicants has sought quashing of the proceedings by referring to the factual aspects of the matter and the defence which is sought to be set up on behalf of the applicants.
Learned AGA-I submits that the contention which is sought to be raised, would require appreciation of evidence and entering into the disputed questions of fact, which is beyond the purview of powers to be exercised under Section 482 Cr.P.C. at this stage of the proceedings.
Learned counsel for the applicants 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 prayed for in the present application are accordingly not entertained.
Counsel for the applicants states that the applicants would submit to the jurisdiction of the court below and seek bail.
In case any such application is moved 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 :- 21.9.2021 Imroz
(Dr. Y. K. Srivastava, J.)
Rajaram And 3 Others
State of U.P.
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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