In an application under Section 482 Cr.P.C. seeking quashing of proceedings, the High Court noted that the defence raised involved disputed questions of fact requiring appreciation of evidence, which is beyond the scope of Section 482 Cr.P.C. Counsel withdrew the pressing of reliefs.
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Court No. - 84 Case :- APPLICATION U/S 482 No. - 8724 of 2021 Applicant :- Vikash Mishra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Yogesh Kumar Mishra, learned counsel for the applicants and Sri Pankaj Saxena, learned Additional Government Advocate-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 as well as summoning order dated 24.12.2019 passed in Complaint Case No.198 of 2019 (Shriprakash Tiwari v. Vikash Mishra and Others), under Section 498A, 323, 504, 506 IPC and section 3/4 Dowry Prohibition Act, Police Station-Koirauna, District Bhadohi pending before the Judicial Magistrate-I, Gyanpur-Bhadohi.
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.
Reliefs sought in the application are accordingly not entertained.
Learned counsel states that the applicants would submit to the jurisdiction of the court below and seek bail.
In case any such application is moved by the applicants, the court below would be expected to pass appropriate orders thereon in accordance with the settled principles of law.
Subject to aforesaid observation the application stands disposed of.
Order Date :- 18.8.2021/Nitendra
(Dr. Y.K. Srivastava, J.)
1 provisions across 1 enactments
Vikash Mishra and Another
Yogendra Kumar Srivastava
As recorded by the court registry
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