Gorelal @ Amitabh Singh v. State of U.P. and Another
Case brief
What is this about?
Section 482 Cr.P.C. quashing application dismissed; pre-trial stage; power to be used sparingly not routinely; legal bar against institution or continuance; FIR/charge-sheet face-value test; disputed questions of fact and defence of accused not considered pre-trial; appreciation of evidence is trial court's function; charge-sheet dt.10.04.2021; order dt.09.08.2021; framing of charge dt.27.05.2022; Sessions Case No.713 of 2021; Case Crime No.35 of 2021; section 306 I.P.C.; Police Station Saadh, Kanpur Nagar; disposed as 528 B.N.S.S. application; no interference warranted; relied on R.P. Kapur, Manik B., State of Haryana v. Bhajan Lal, State of Bihar v. P.P. Sharma, Zandu Pharmaceutical Works Ltd.; Allahabad High Court 2025; Deepak Verma J.
What did the court decide?
Appreciation of evidence is a function of the trial court; this Court, in exercise of power under Section 482 Cr.P.C., cannot assume such jurisdiction and put an end to the process of trial provided under the law.