Nitto @ Netrapal and 2 Others Vs State of U.P. and Another

Court No. - 79

Case :- APPLICATION U/S 482 No. - 2647 of 2021

Applicant :- Nitto @ Netrapal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gopal Dwivedi,Karuna Kant Updhyay

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Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicants as well as Sri Nikhil Chaturvedi, learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the proceeding of Case No. 1365 of 2020 (State Vs. Nitto and others), arising out of Case Crime No. 323 of 2020, under Sections 452, 323, 504, 506 IPC, Police Station Barsana, District Mathura, pending in the court of Judicial Magistrate, Chhata, District Mathura as well as the charge sheet dated 18.10.2020, cognizance and summoning order dated 13.11.2020.

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It is submitted that the applicants are innocent and have been falsely implicated in the present case. He further submits that the present prosecution has been initiated with malicious intention for the purpose of harassment.

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On the other hand, learned AGA submits that injuries have been sustained by the opposite party no.2. The injury report is annexed as Annexure-1 to the affidavit and as such he submits that a prima facie case is disclosed against the applicants.

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Having heard learned counsel for the applicant and learned AGA for the State, I am of the view that the submission urged by learned counsel for the applicants relates to the disputed defence of the applicants, which cannot be examined in exercise of jurisdiction U/s 482 Cr.P.C. as appraisal and appreciation of evidence is not permissible in exercise of jurisdiction U/s 482 Cr.P.C.

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In view of the above, no occasion arises to entertain this application, it is, accordingly, dismissed.

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Order Date :- 3.2.2021 Lbm/-

Nitto @ Netrapal and 2 Others v. State of U.P. and Another

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Nitto @ Netrapal and 2 Others v. State of U.P. and Another

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