In an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings, the applicant did not press the relief after the State argued that factual allegations required evidence. The court declined to entertain the application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 84
Case :- APPLICATION U/S 482 No. - 8596 of 2021
Applicant :- Mukesh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.K. Singh Solanki Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri A.K.Singh Solanki, learned counsel for the applicant and Sri Pankaj Saxena, learned A.G.A-I appearing for the State-opposite party.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the entire proceedings pursuant to the charge sheet no. 115/2018 dated 14.09.2018, in Case Crime No. 0130/2018, under Section 323, 504, 506 I.P.C. and Section 3 (1) (Da), 3 (1) (Dha), 3 (2) (va) SC/ST Act, Police Station Didarganj, District Azamgarh as well as the cognizance order dated 22.02.2019 passed by the IInd Additional Sessions Judge, Azamgarh along with consequential summoning order dated 22.02.2019 and order dated 05.01.2021 passed by the Special Judge, SC/ST Court, Azamgarh issuing bailable warrants against the applicant.
Learned counsel for the applicant 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 applicant.
Learned AGA-I submits that the contention, which is sought to be raised, would require appreciation of evidence and entering into the disputed questions of fact, which is beyond the purview of powers to be exercised under Section 482 Cr.P.C. at this stage of the proceedings.
Learned counsel for the applicant 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 prayed for in the present application are accordingly not entertained.
Counsel for the applicant states that the applicant would submit to the jurisdiction of the court below and apply for bail.
In case any such application is moved the court below would be expected to pass appropriate orders thereon in accordance with
the settled principles of law.
The application stands disposed of accordingly.
Order Date :- 17.8.2021 Pratima
(Dr.Y.K.Srivastava,J.)
3 provisions across 3 enactments
Mukesh Singh
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
