Application to quash charge-sheet and summoning order under Section 482 Cr.P.C. dismissed as counsel did not press reliefs. Court noted application for bail would be decided by lower court separately.
Application to quash proceedings dismissed; no other relief granted.
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Court No. - 84 Case :- APPLICATION U/S 482 No. - 12315 of 2021 Applicant :- Samarjeet And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Agrawal,Uttam Singh Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Uttam Singh, learned counsel for the applicants and Shri Ratnendu Kumar Singh, 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 11.06.2019 and summoning order dated 08.2.2020 as well as entire proceedings of Criminal Case No. 1511 of 2020 (State Vs. Samarjeet and others) arising out of Case Crime no. 108 of 2019 under sections 147, 148, 323, 504, 506 IPC, police station-Rura, District Kanpur Dehat, pending before Additional Civil Judge (J.D.), Court no. 2, Kanpur Dehat.
Counsel for the applicants has sought quashing of the proceedings 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 powers to be exercised under Section 482 Cr.P.C. at this stage of the proceedings.
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 :- 6.8.2021/Kirti
(Dr. Y.K. Srivastava, J)
1 issue framed by the court
Whether the proceedings under sections 147, 148, 323, 504, 506 IPC arising from Case Crime no. 108 of 2019 are liable to be quashed under Section 482 Cr.P.C.
1 provisions across 1 enactments
Samarjeet And 5 Others
Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
