This court disposed of the application under Section 482 Cr.P.C. praying for quashing of proceedings. The court found no substance in the arguments as a prima facie case was made out and did not interfere, leaving the matter with the lower court.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 11614 of 2021
Applicant :- Ram Sharma @ Rajan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.,Preet Pal Singh Rathore,Rajkumar Verma
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants and learned A.G.A. for State.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceedings of Case No. 1987/2021 (State Vs. Ram Sharan and others) arising out of Case Crime No. 299/2020, under Sections 308, 323, 504, 506 I.P.C., Police Station- Bakewar, DistrictFatehpur pending in the court of Additional Civil Judge (J.D.) Court No. 5, Fatehpur and Charge Sheet dated 11.02.2021 and cognizance order dated 26.02.2021 passed by Additional Civil Judge (J.D.) Court No. 5, Fatehpur with an alternative prayer to stay the further proceedings of the above mentioned case.
From the perusal of the material on record and looking into the facts and circumstances of the case, I am of the considered view that prima facie case is made out against the applicants. All the submissions made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
I have heard learned counsel for the applicants and learned A.GA. and have gone through the material available on record carefully and I do not find any substance in the arguments advanced by learned counsel for the applicants.
The impugned order reflects judicial application of mind. This Court does not see any good ground to take a different view than one that has already taken by the Court below. No interference is required by this Court.
Needless to state that in the eventuality of surrendering and moving bail application by the applicants before competent Court of Jurisdiction, the Court below shall decide the same as expeditiously as possible in accordance with law considering all aspects of the matter.
However, it is made clear that this Court has not expressed any opinion on the merits of the case and the competent Court below is to act, in accordance with law.
With the above observation, this application stands disposed of.
Order Date :- 2.8.2021 Sharad/-
Ram Sharma @ Rajan and 3 Others
State of U.P.
Umesh Kumar
As recorded by the court registry
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