Application under Section 482 Cr.P.C. to quash criminal proceedings was disposed of. Court found no substantive ground to interfere and left merits to lower court.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 11621 of 2021
Applicant :- Vijay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant 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 proceeding of the Complaint Case No. 590/2010 (Awadhesh Kumar Vs. Jagjivan & others) under Sections 323, 504 and 452 I.P.C., Police Station- Suhwal, District- Gazipur as well as impugned Non Bailable Warrant dated 20.01.2021, pending in the court of learned Judicial Magistrate, Ghazipur 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 applicant. 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 applicant 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 applicant.
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 applicant 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/-
2 provisions across 2 enactments
Vijay
State of U.P.
Umesh Kumar
As recorded by the court registry
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