Criminal applicant filed the present Section 482 CrPC petition requesting quashing of criminal proceedings instituted against her. The High Court rejected the prayer noting that the application misconceived the law as it raised disputed questions of facts.
Prayer to quash the entire proceedings under Section 482 Cr.P.C. was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 86
Case :- APPLICATION U/S 482 No. - 2617 of 2021
Applicant :- Dr. Ritu Garg Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Singh,Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of criminal case no. 173 of 2020 arising out of case crime no. 76 of 2018 under Section 323, 504, 506 I.P.C. Police Station- Padari, DistrictMirzapur, pending before the Civil Judge (C.D.) F.T.C./ Additional Chief Judicial Magistrate, Mirzapur 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 cognizable case is made out against the applicant. All the submission 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 AGA. and have gone through the materials 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 application of judicial mind. No interference is required by this Court.
This application stands disposed off accordingly.
Order Date :- 6.8.2021//Fhd.
1 issue framed by the court
Whether the High Court must quash criminal proceedings under Section 482 Cr.P.C. where the applicant has no prima facie case.
1 provisions across 1 enactments
Dr. Ritu Garg
State of U.P.
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
