The High Court disposed of an application under Section 482 Cr.P.C. seeking to quash criminal proceedings. The Court held that prima facie case exists and factual disputes require trial court adjudication, dismissing the interference request.
Application for quashing of criminal proceedings dismissed.
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Court No. - 86 Case :- APPLICATION U/S 482 No. - 5684 of 2021 Applicant :- Chhotelal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 1296 of 2019 (State Vs. Chhotelal) arising out of Case Crime No. 212 of 2019, under Section 452, 323, 504, 506 I.P.C. P.S- Sasni Kotwali, District- Hathras, as well as impugned charge-sheet dated 7.8.2019 pending in the Court of Additional Chief Judicial Magistrate, Hathras. Further prayer to stay the further proceedings of the aforesaid case has also been made.
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 case is made out against the applicants. 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 applicants and learned AGA and have gone through the material available on record carefully. 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.
Needless to state that in the eventuality of filing any bail application by the applicants before the trial Court, it is expected from the trial Court to decide the same expeditiously in accordance with law after considering all the aspects of the matter.
It is made clear that this Court has not expressed any opinion on merits of the case and the competent Court is to act in accordance with law.
With the above observation, this application stands disposed of accordingly.
Order Date :- 4.8.2021 S.Verma
1 issue framed by the court
Whether the application under Section 482 Cr.P.C. for quashing criminal proceedings should be allowed.
1 provisions across 1 enactments
Chhotelal And 3 Others
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
