Court ordered for quashing of Cr.P.C. proceedings u/s 420, 406 IPC; applicant withdrew quashing plea agreeing to seek bail instead; application dismissed.
None; application dismissed as applicant agreed to withdraw quashing plea.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 10961 of 2021
Applicant :- Rambabu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Rajesh Singh, learned counsel for the applicant and Shri Pankaj Saxena, learned AGA-I for the State-Opposite party.
The present application under section 482 Cr.P.C. has been filed seeking to quash the charge sheet dated 14.3.2020 along with cognizance order dated 22.6.2020 passed by learned Chief Judicial Magistrate Kaushambi as well as entire criminal proceeding of Criminal Case No. 2530 of 2020 (State Vs. Rambabu & Others) arising out of Case Crime No. 506 of 2018, u/S 420, 406 I.P.C. at P.S.-Kokrhraj, District Kaushambi.
Learned counsel for the applicant has sought to quashing of the proceedings by seeking to refer to the factual aspect of the case and the material evidence which was collected during the course of investigation.
Learned AGA-I submits that the aforesaid contention would relate to disputed questions of fact and would involve appreciation of evidence, which would be beyond the purview and scope of the powers to be exercised under Section 482 Cr.P.C.
Learned counsel for the applicant has not disputed the aforesaid legal position and fairly submits that he does not want to press the relief, as prayed for in the present application. Learned counsel states that the applicant would submit to the jurisdiction of the court below and seek bail.
Having regard to the aforesaid, this court is not inclined to exercise its inherent jurisdiction under Section 482 Cr.P.C..
The application stands dismissed .
Order Date :- 23.7.2021 Kirti
(Dr. Y.K. Srivastava, J)
Rambabu
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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