Application under Section 482 Cr.P.C. for quashing of charges and cognizance order was dismissed as the applicant withdrew the relief, opting instead for bail petition before the court below.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 14564 of 2021
Applicant :- Hari Om And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Digvijay Singh Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Digvijay Singh, learned counsel for the applicants 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 charge sheet dated 07.3.2020 as well as cognizance order dated 15.07.2020 in Case No. 224 of 2020 (State Vs. Hari Om and others) arising out of Case Crime No. 0526 of 2019, under sections 498A, 323, 506 IPC & 3/4 D.P. Act, Police Station-Sadabad Kotwali, District Hathras.
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-I 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. The reliefs sought are therefore, not entertained.
Learned counsel states that the applicants would submit to the jurisdiction of the court below and seek bail.
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 :- 18.8.2021 Kirti
(Dr. Y.K. Srivastava, J)
1 provisions across 1 enactments
Hari Om
Yogendra Kumar Srivastava
As recorded by the court registry
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