Rahul Sharma and 2 Others Vs State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 7514 of 2021

Applicant :- Rahul Sharma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Special Complaint Case No. 425 of 2018 (Tapeshwari Vs. Rahul Sharma and others) under Sections 452, 323, 504, 506 IPC and Section 3(1) (Da) of S.C./S.T. Act, as well as summoning order dated 17.2.2020, pending in the Court of Special Judge S.C./S.T. Act, Kanpur Nagar. Further prayer to stay the further proceedings of the aforesaid case has also been made.

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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 applicants. 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.

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I have heard learned counsel for the applicants and learned AGA and have gone through the material available on record carefully. I do not find any substance in the arguments advanced by learned counsel for the applicants.

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The impugned order reflects application of judicial mind. No interference is required by this Court.

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Needless to state that in the eventuality of filing any bail application by the applicants before the trial Court, it is expected from the trial Court to decide the same expeditiously in accordance with law after considering all the aspects of the matter.

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It is made clear that this Court has not expressed any opinion on merits of the case and the competent Court is to act in accordance with law.

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With the above observation, this application stands disposed of accordingly.

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Order Date :- 5.8.2021 S.Verma

Rahul Sharma and 2 Others v. State of U.P. and Another

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Rahul Sharma and 2 Others v. State of U.P. and Another

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