The High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of a chargesheet. It held that the matter involved disputed questions of fact requiring appreciation of evidence, which is beyond the scope of Section 482 Cr.P.C. power.
Application under Section 482 Cr.P.C. dismissed; no relief granted.
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Court No. - 84 Case :- APPLICATION U/S 482 No. - 12138 of 2021 Applicant :- Abhishek Bhargav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babul Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Babul Kumar Sharma, learned counsel for the applicants and Ms. Rachana Tiwari, learned AGA appearing for the State-opposite party.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the charge-sheet dated 21.08.2019 in case crime no.393 of 2019, under sections 430, 323, 504, 506 IPC, police station Kotwali, District Jhansi.
Counsel for the applicants has sought quashing of the chargesheet by referring to the factual aspects of the case and the defence, which is sought 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 be beyond the scope and purview of the powers and jurisdiction to be exercised under Section 482 Cr.P.C.
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.
Learned counsel states that the 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 would be expected to dispose of the same in accordance with the settled principles of law.
Subject to aforesaid observation the application stands dismissed.
Order Date :- 5.8.2021/Nitendra
(Dr. Y.K. Srivastava, J.)
1 issue framed by the court
Whether the High Court can exercise jurisdiction under Section 482 Cr.P.C. to quash a chargesheet based on disputed questions of fact and appreciation of evidence.
1 provisions across 1 enactments
Abhishek Bhargav And 3 Others
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
