The High Court dismissed an application under Section 482 CrPC seeking to quash an interim order and summoning order. The court found that a cognizable case was prima facie made out and rejected arguments based on disputed facts not triable by the High Court.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 7397 of 2021
Applicant :- Sandeep Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 16.01.2021 passed by A.D.J. Court No. 7, Saharanpur in Revision No. 394 of 2018 and summoning order dated 13.03.2015 passed by Additional Chief Judicial Magistrate-I, Saharanpur as well as further proceedings of complaint case no. 949 of 2014 under Sections 420, 468 I.P.C., P.S. Nakur, District- Saharanpur, pending in the Court of Judicial Magistrate-II, Saharanpu 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 the interim order and summoning order in the pending complaint case.
1 provisions across 1 enactments
Sandeep
State of U.P.
Another
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
