Court No. - 73
Case :- APPLICATION U/S 482 No. - 16244 of 2019 Applicant :- Adesh Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ravi Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
The present application has been filed to allow the application and quash the order dated 07.12.2018 passed by City Magistrate, Pilibhit in Case No. 1/2018 (Geeta Sharma Vs. Adesh Kumar) under Section 133 Cr.P.C. as well as the order dated 09.04.2019 passed IIIrd Additional District & Sessions Judge, Pilibhit in Revision No. 146 of 2018 (Adesh Kumar Vs. Smt. Geeta Sharma) by which the Revision of the applicant has been dismissed.
Heard learned counsel for the applicant and learned AGA for the State and perused the record.
It has been argued by the learned counsel for the applicant that the impugned orders are not based on evidence and the matter was pending before civil court. It was argued that commission report as well as other evidence does not support the impugned order.
Learned AGA has opposed the application and argued that the impugned orders are in accordance with law. There is no illegality or irregularity in the impugned orders. Learned courts below have considered entire matter in accordance with law.
After perusing the impugned order it is quite apparent that matter involves adjudication of questions of fact and appreciation of evidence which is not permissible under the jurisdiction of Section 482 Cr.P.C. Learned counsel could not point out any material illegality or error of jurisdiction in both the impugned orders. After going through the impugned orders, it is apparent that the learned courts below have considered the matter in correct perspective and reasoned order were passed. It is well settled that powers under Section 482 Cr.P.C. to quash an order has to be exercised cautiously and sparingly while exercising jurisdiction under Section 482 Cr.P.C. this Court has to eschew itself from embarking upon a roving inquiry into the last details of the case. Considering the entire material on record prima facie no case for interfering with the impugned orders is made out in exercising of powers under Section 482 Cr.P.C.
In view of the above facts, no case of invoking jurisdiction under Section 482 Cr.P.C. is made out.
Accordingly, application 482 Cr.P.C. is rejected.
Order Date :- 25.4.2019 Mohit Kushwaha