An application under Section 482 CrPC sought to quash criminal proceedings regarding encroachment of a Chak road. The applicant's counsel did not press the reliefs, warranting the application's disposal in limine.
Application not entertained and disposed of as the applicant did not press the reliefs.
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Court No. - 84 Case :- APPLICATION U/S 482 No. - 4005 of 2021
Applicant :- Laxmikant Mishra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Partap Singh Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Jitendra Pratap Singh, learned counsel for the applicants and Sri Jhamman Ram, learned AGA appearing for the State-opposite party no.1.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the entire proceedings of Criminal Case No. 21255 of 2020, including charge sheet dated 13.08.2020 under Section 3/5 of the Prevention of Damage to Public Property Act, 1984 and the cognizance order dated 23.11.2020 in Case Crime No. 0112 of 2020, P.S. Mirza Murad, District Varanasi pending in the court of 10th Additional Chief Judicial Magistrate, Varanasi.
Learned counsel for the applicants has sought to quash the proceedings, initiated pursuant to an FIR principally containing allegations with regard to damage/encroachment of a Chak road, by referring to the factual aspects of the matter and the defence which is sought to be set up on behalf of the applicants.
Learned AGA submits that the contention which is sought to be raised, would require appreciation of evidence and entering into the disputed questions of fact, which is beyond the 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 prayed for in the present application are accordingly not entertained.
Counsel for the applicants states that the applicants would submit to the jurisdiction of the court below and move an application seeking discharge.
Needless to say that in case any such application is moved at the appropriate stage of the proceedings, the court below would be expected to pass appropriate orders thereon in accordance with the settled principles of law.
The application stands disposed of accordingly.
Order Date :- 26.8.2021 Imroz
(Dr. Y. K. Srivastava, J.)
1 provisions across 1 enactments
Laxmikant Mishra And Another
Yogendra Kumar Srivastava
As recorded by the court registry
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