Dismissed

Kishan Lal and 3 Others v. State of U.P. and Another

Allahabad HC10 Aug 2021A482/6652/2021

Case brief

AI extract

What is this about?

The High Court dismissed an application filed under Section 482 Cr.P.C. to quash criminal proceedings. The court held that the contested issues required appreciation of evidence and evidence-based factual disputes, which exceed the scope of Section 482 powers.

What did the court decide?

The application seeking quashing of proceedings is not entertained and is dismissed.

Kishan Lal and 3 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2021)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 6652 of 2021

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Applicant :- Kishan Lal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Bhushan Mishra Counsel for Opposite Party :- G.A.,Ajai Kumar Srivastava

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Hon'ble Dr. Yogendra Kumar Srivastava,J.

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Heard Sri Shashi Bhushan Mishra, learned counsel for the applicants, Sri Jhamman Ram, learned AGA for the State-opposite party no.1 and Sri Ajay Kumar Srivastava, learned counsel appearing for opposite party no.2.

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The present application under Section 482 Cr.P.C. has been filed seeking to quash the entire proceedings of Criminal Case No. 1060 of 2020 (State vs. Kishan Lal and others) arising out of Case Crime No. 469 of 2019, under Sections 379, 430, 506, 504 IPC, P.S. Fatehpur Shikari, District Agra as well as Charge sheet dated 30.01.2020, pending before the Judicial Magistrate, 1st, Agra.

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Learned counsel for the applicants has sought quashing of the proceedings by referring to the factual aspects of the matter and the defence which is sought to be set up on behalf of the applicants.

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Learned AGA-I 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.

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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.

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Counsel for the applicants states that the applicants would submit to the jurisdiction of the court below and apply for bail.

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In case any such application is moved the court below would be expected to dispose it of in accordance with the settled principles of law.

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Subject to the aforesaid observation the application stands dismissed.

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Order Date :- 10.8.2021 Imroz

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(Dr. Y. K. Srivastava, J.)

Kishan Lal and 3 Others v. State of U.P. and Another

Case brief

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Kishan Lal and 3 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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