Application under Section 482 Cr.P.C. to quash proceedings was dismissed because the defence relied upon factual disputes requiring evidence appreciation, beyond the court's power under Section 482.
Application to quash proceedings was not entertained and stands dismissed.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 6795 of 2021
Applicant :- Majid Ali And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.,Phool Chandra
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Shri Ajay Nand Pandey holding brief of Shri Pradeep Kumar, learned counsel for the applicants and Shri Pankaj Saxena, learned AGA-I appearing for the State opposite party.
The present application under section 482 Cr.P.C. has been filed seeking to quash the charge sheet dated 30.09.2019 and cognizance order dated 18.01.2020 as well as entire proceedings of Case no. 765 of 2020 (State Vs Majid Ali and others) arising out of Case Crime No. 704 of 2018 (State Vs. Majid Ali and others) under section 498-A, 323, 506, I.P.C. & Section 3/4 D.P. Act, Police Station Gajraula, District-J.P. Nagar, pending in the court of Chief Judicial Magistrate, J.P., Nagar.
Counsel for the applicants has sought quashing of the proceedings by referring to the factual aspects of the case and the defence which is sought to be set up on behalf of the applicants.
Learned AGA-I submits that the aforesaid contention would relate to disputed questions of fact and would require appreciation of evidence, which would be beyond the scope and purview of powers to be exercised under Section 482 Cr.P.C. at this stage of the proceedings.
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 sought are therefore, not entertained.
Learned counsel states that the applicants would submit to the jurisdiction of the court below and seek bail.
In case any such application for bail is moved by the applicants, the court below would be expected to dispose of the same in accordance with the settled principles of law.
Subject to aforesaid observation, the application stands dismissed.
Order Date :- 24.8.2021 Kirti
(Dr. Y.K. Srivastava, J)
1 provisions across 1 enactments
Majid And 2 Others
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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