Court exercised discretionary power to not interfere with trial proceedings under inherent jurisdiction, directing applicant to seek bail instead.
Court dismissed the application and declined to exercise inherent jurisdiction.
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Court No. - 84 Case :- APPLICATION U/S 482 No. - 6622 of 2021 Applicant :- Kapil Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Singh Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Deepak Singh, learned counsel for the applicant and Ms. Sushma Soni, learned AGA for the State-Opposite Party.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the entire proceedings of impugned charge sheet dated 29/07/2015 as well as Summoning order dated 14/10/2015 passed in Case No.20249 of 2015 arising out of Case Crime No.485 of 2015, under Sections 323, 504, 506 IPC, Police Station- Sector 39 NOIDA, District Gautam Buddha Nagar pending in the court of Chief Judicial Magistrate, District Gautam Buddha Nagar.
The counsel for the applicant has sought to challenge the proceedings initiated pursuant to the FIR dated 28.06.2015 by referring to the factual aspects of the matter and the defence of the accused applicant.
Learned AGA submits that the contention which is sought to be raised, would require appreciation of evidence and entering into disputed questions of fact, which is beyond the purview of provisions under Section 482 Cr.P.C.
Learned counsel for the applicant has not disputed the aforesaid legal position and fairly submits that he does not wish to press the relief, as prayed for, in the application.
Learned Counsel submits that the applicant would submit to the jurisdiction of the court below and apply for bail.
In view of the aforestated facts, this Court is not inclined to exercise its inherent jurisdiction under Section 482 Cr.P.C.
The application stands dismissed.
Order Date :- 19.7.2021 Nitendra
(Dr. Y.K. Srivastava, J.)
1 provisions across 1 enactments
Kapil Chauhan
State of U.P.
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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