Hon. Umesh Kumar, J. disposed of an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings. The Court held that the case was cognizable and arguments raised disputed questions of fact, thus refusing interference as the impugned order applied judicial mind.
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Court No. - 86 Case :- APPLICATION U/S 482 No. - 6318 of 2021 Applicant :- Om Prakash And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhash Singh Yadav,Vikrant Pandey Counsel for Opposite Party :- G.A.,Akhlendra Pratap Singh,Deleep Kumar Chaudhari
Hon'ble Umesh Kumar,J.
I have heard learned counsel for the applicants as well as learned AGA and have gone through the material available on record carefully.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 357 of 2020 (Chede Lal Vs. Om Prakash and Others) as well as summoning order dated 1.2.2021, passed by Special Judge S.C./S.T. (P.A.) Act/Special Judge (D.A.A. Act) Chitrakoot, under Sections 323, 504, 506, 392 I.P.C. P.S- Rajapur, DistrictChitrakoot, pending in the Court of Special Judge S.C./S.T. (P.A.) Act/Special Judge (D.A.A. Act) Chitrakoot. 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 cognizable 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 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 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 entire aspect 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 :- 13.9.2021/S.Verma
1 issue framed by the court
Whether the criminal trial proceedings under Sections 323, 504, 506 IPC should be quashed under Section 482 Cr.P.C.
1 provisions across 1 enactments
Om Prakash And 7 Others
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
