Court No. - 20
Case :- APPLICATION U/S 482 No. - 6757 of 2006 Applicant :- Alok Kumar Agrawal Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Raj Kumar Mishra Counsel for Opposite Party :- Govt. Advocate
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record of the case.
This application under section 482 Cr.P.C. has been filed for quashing the charge-sheet, summoning order as well as proceedings in Case Crime No. 70/2006, under Section 395/397/307/384/427/435/448 I.P.C., pending before Special Judge (Anti Dacoiti Affected Area), Aouraia.
From the perusal, it appears that on the basis of material collected by the I.O., the prima facie offence is made out, therefore, there is no illegality or irregularity in filing the charge-sheet. Most of the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this court under Section 482 Cr.P.C. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. there is no Accordingly, prayer of the applicant is refused.
However, in view of the submissions, considering the facts and circumstances of the case, it is also provided that in case the applicant moves an application for discharge through counsel within two weeks, the same shall be disposed of by the trial court by a speaking order in accordance with law within two weeks thereafter.
For a period of four weeks or till the disposal of application, which ever is earlier, no coercive action be taken against the applicant.
With the aforesaid direction, this application is disposed of.
Order Date :- 23.3.2018 Prakhar