Application under Section 482 Cr.P.C. to quash criminal proceedings was dismissed after applicant counsel abandoned the plea, agreeing to approach the first court for bail instead.
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Court No. - 84 Case :- APPLICATION U/S 482 No. - 5077 of 2021 Applicant :- Ashok Yadav And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudhakar Singh Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Sudhakar Singh, learned counsel for the applicants and Sri Jhamman Ram, learned AGA appearing for the Stateopposite party.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the entire proceedings of Case No.1833 of 2020, Case Crime No.09 of 2020 (State Vs. Ashok Yadav and others), under Sections 498-A, 323, 506 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, District Sambhal, pending before the Judicial Magistrate, Sambhal, within a stipulated period.
Counsel for the applicants has sought to refer to the factual aspects of the matter and the defence which is being set up on behalf of the applicants in order to challenge the criminal proceedings initiated pursuant to the F.I.R. dated 29.09.2020.
Learned AGA submits that the contention which is sought to be raised on behalf of the applicants would relate to disputed questions of fact and appreciation of evidence which would be beyond the scope and purview of the jurisdiction under Section 482 Cr.P.C.
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 present application. He further submits that the applicants would submit to the jurisdiction of the court below and seek bail before the concerned court.
In view of the aforesaid, this Court is not inclined to entertain the present application in exercise of its inherent jurisdiction under Section 482 Cr.P.C.
The present application stands accordingly dismissed.
Order Date :- 16.7.2021 Shahroz
(Dr. Y.K. Srivastava,J.)
1 provisions across 1 enactments
Ashok Yadav And 4 Others
State Of U.P.
Yogendra Kumar Srivastava
As recorded by the court registry
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