Court No. - 73
Case :- APPLICATION U/S 482 No. - 16335 of 2019 Applicant :- Ajeet Alias Tinku Opposite Party :- State Of Up And Another Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 21.05.2018 passed by the learned Chief Judicial Magistrate, Etah, District Etah, in Criminal Case No. 6408 of 2015 (State vs. Ranjeet and Ors.), under Sections 323, 324, 504 and 506 of IPC as well as non bailable warrants issued against the applicant, in Case Crime No. 197 of 2011, under Sections 323, 324, 504 and 506 of IPC, P.S. Mirhachi, District Etah, pending in the court of Chief Judicial Magistrate, Etah.
It has been argued by learned counsel for the applicant that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intention for the purpose of harassment. He pointed out certain documents and statements in support of his contentions.
Learned A.G.A. has opposed the application.
The matter requires appreciation of evidence and adjudication of questions of fact, which is not permissible under the jurisdiction of Section 482 Cr.P.C. After hearing the learned counsel for the parties and after perusing the averments made in the present application, no case for interference has been made out. The prayer as made above is hereby refused. Considering the submissions of learned counsel for the applicant, it is directed that in case the applicant surrenders and applies for bail within a period of 15 days from today before the court concerned, the same shall be dealt with expeditiously in accordance with law and appropriate order shall be passed.
With the aforesaid direction, the application is disposed off finally.
Order Date :- 25.4.2019 A. Tripathi