In the instant matter, so far question of impugned charge-sheet and proceedings is concerned, the submissions raised by learned counsel for the applicants call for determination on questions of fact which may be adequately adjudicated upon only by the trial court and even the submissions made on points of law can also be more appropriately gone into only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with malafide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.Considering the material on record and law laid down by the Hon'ble Apex Court in number of cases including R. Kalyani v. Janak C. Mehta and Others, reported in 2009 (1) SCC 516, Kamlesh Kumari and Ors. v. State of U.P. and Ors., reported in 2015 AIR SCW 3700, Rupan Deol Bajaj v. K.P.S. Gill , reported in (1995) SCC (Cri) 1059, Rajesh Bajaj v. State of NCT of Delhi; reported in (1999) 3 SCC 259 and Medchl Chemicals & Pharma (P) Ltd. v. Biological E Ltd. & Ors, reported in 2000 SCC (Cri) 615, no case for quashing of impugned charge-sheet and proceedings is made out. Hence, the prayer for quashing of impugned charge-sheet and proceedings of the case is hereby, refused.
