The Hon'ble Court dismissed an application under Section 482 Cr.P.C. seeking quashal of criminal proceedings. It found the case prima facie made out and refused interference, holding that disputed facts require adjudication by the competent court.
Application dismissed. Leave granted to move bail application before competent court.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 6888 of 2021
Applicant :- Ram Chandar Gupta And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of S.S.T No. 125 of 2019 under Section 354 Kha, 323, 504, 506 I.P.C. Section 3(2)5 SC/ST Act, P.S.- Maharajganj, District- Jaunpur as well as quash the non-bailable warrant order dated 22.11.2019 and charge sheet no. 01 of 2018 dated 22.02.2018 in Case Crime No. 815 of 2017 in the aforesaid sections which pending before the court of learned Special Judge SC/ST Act, Jaunpur with an alternative prayer to stay the further proceedings of the above mentioned case.
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 applicant. 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 applicant and learned AGA. and have gone through the materials available on record carefully and 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 surrendering and moving bail application by the applicant before competent Court of Jurisdiction, the Court below shall decide the same as expeditiously as possible in accordance with law, considering all aspects of the matter.
However, it is made clear that this Court has not expressed any opinion on the merits of the case and the competent Court below is to act, in accordance with law.
This application stands disposed off accordingly. Order Date :- 3.8.2021//Fhd.
1 issue framed by the court
Whether the High Court should quash criminal proceedings initiated under IPC and SC/ST Act against the applicant.
3 provisions across 3 enactments
Ram Chandar Gupta And 2 Others
Umesh Kumar
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
