Dismissed

Adesh v. State of U.P. and Another

Allahabad HC14 Sept 2021A482/9308/2021

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC to quash criminal proceedings, the Special Judge held that counsel for the applicant did not wish to press the reliefs. Consequently, the application was treated as not pressed and was dismissed after observing that remaining arguments involved disputed facts beyond the court's scope.

What did the court decide?

The application to quash criminal proceedings is dismissed; the applicant is directed to seek bail in the court below.

Adesh Vs State of U.P. and Another — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 9308 of 2021

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Applicant :- Adesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Yogendra Kumar Srivastava,J.

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Heard Sri Anurag Dubey, holding brief of Sri Shashi Kumar Mishra, learned counsel for the applicant and Sri Gyan Prakash Singh, learned State Law Officer appearing for the State-opposite party.

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The present application under Section 482 Cr.P.C. has been filed seeking to quash the criminal proceedings initiated against the applicant in pursuance of charge sheet dated 29.08.2020 of S.C. No. 877/2020, Crime No. 0187 of 2020 under Section 147, 452, 354-B, 323, 504, 506 IPC and 3(2) (Va) SC/ST Act, Police Station Bagwala, District Etah pending before learned Special Judge SC/ST Act, Etah.

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Counsel for the applicant has sought quashing of the proceedings by referring to the factual aspects of the case and the defence which is sought to be set up on behalf of the applicant.

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Learned State Law Officer 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 powers to be exercised under Section 482 Cr.P.C. at this stage of the proceedings.

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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 sought, are therefore not entertained.

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Learned counsel states that the applicant would submit to the jurisdiction of the court below and seek bail.

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In case any such application is moved by the applicant, the court below would be expected to dispose of the same in accordance with the settled principles of law.

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Subject to aforesaid observation, the application stands dismissed .

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Order Date :- 14.9.2021 Kirti

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(Dr. Y.K. Srivastava, J)

Adesh v. State of U.P. and Another

Case brief

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Adesh v. State of U.P. and Another

Case brief

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