Application under Section 482 Cr.P.C. for quash proceedings was dismissed as applicants surrendered reliefs. Advocate placed himself in position to seek bail from the court below.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 7379 of 2021
Applicant :- Shivdhari And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kumar Shukla,Kashi Nath Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Gaurav Kumar Shukla, learned counsel for the applicants and Sri Jhamman Ram, learned AGA appearing for the State-opposite party.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the entire proceedings arising out of cognizance order dated 19.11.2020 in Special Sessions Trial No.2179 of 2020 (State vs. Shivdhari and another), under Sections 323, 504, 506 IPC and 3(1) (r) SC/ST Act pending before the learned Exclusive Special Judge (SC/ST Act), Basti in pursuance of chargesheet dated 26.06.2020, arising out of Case Crime No.98 of 2020.
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.
Learned AGA 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 the powers and jurisdiction to be exercised under Section 482 Cr.P.C.
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.
Learned counsel states that the applicants would submit to the jurisdiction of the court below and seek bail.
Needless to say that 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 :- 3.8.2021
Nitendra
(Dr. Y.K. Srivastava, J.)
1 provisions across 1 enactments
Shivdhari And Another
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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