The applicant sought to quash a charge-sheet and cognizance order under Section 482 Cr.P.C. The High Court dismissed the application, noting that disputed facts require evidence appreciation beyond the court's powers at this stage. The applicant agreed not to press the reliefs.
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Court No. - 84 Case :- APPLICATION U/S 482 No. - 12319 of 2021 Applicant :- Fayanath Nishad @ Faya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shamsuddin Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Shamsuddin Ahmad, learned counsel for the applicant and Ms. Sushma Soni 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 02.8.2019 and cognizance order dated 22.02.2021 as well as entire proceedings of Case no. 301 of 2019 (State Versus Lalji) arising out of Case Crime No. 0290 of 2018 under sections 386, 504, 506 IPC, police station-Belghat, District Gorakhpur pending before Additional Civil Judicial Magistrate (Bansgaon), Gorakhpur.
Counsel for the applicant 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 applicant.
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 applicant 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 applicant 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 applicant, 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 provisions across 1 enactments
Fayanath Nishad @ Faya
State of U.P.
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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