Single judge declined to exercise powers under Section 482 CrPC to quash criminal proceedings, inviting counsel to seek bail afresh.
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Court No. - 84 Case :- APPLICATION U/S 482 No. - 1128 of 2021 Applicant :- Daroga Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brahma Nand Singh,Balwant Singh Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Balwant Singh, learned counsel for the applicants and Sri Jhamman Ram, learned AGA appearing for the Stateopposite party.
The present application under Section 482 has been filed seeking to quash the entire proceedings of Criminal Case No.1315 of 2020, arising out of Case Crime No.103 of 2020, under Sections 323, 504, 506, 325, 308 IPC, Police Station Bansgaon, District Gorakhpur (State Vs. Daroga) pending in the Court of Additional Chief Judicial Magistrate, Bansgaon, District Gorakhpur as well as Cognizance Order dated 09.12.2020 in the Chargesheet dated 08.07.2020 in the aforementioned case.
Counsel for the applicants has sought to assail the proceedings by referring to the factual aspects of the matter and referring to the defence, which is to be set up on behalf of the applicants.
Learned AGA submits that the aforesaid contention would relate to disputed questions of fact and would require appreciation of evidence, which would beyond the scope and purview of the powers to be exercised under Section 482 Cr.P.C.
Learned counsel for the applicants has not disputed the aforesaid legal position and fairly submits that he does not with to press the reliefs, as prayed for in the application.
Learned counsel states that applicants would submit to the jurisdiction of the court below and seek bail.
Needless to say that in case any such application for bail is moved by the applicants, the court below is expected to dispose of the same in accordance with law.
Subject to aforesaid observation the application stands dismissed.
Order Date :- 2.8.2021/Nitendra
(Dr. Y.K. Srivastava, J.)
1 provisions across 1 enactments
Daroga Singh And 2 Others
State of U.P.
Yogendra Kumar Srivastava
As recorded by the court registry
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