Court No. - 20
Case :- APPLICATION U/S 482 No. - 6471 of 2006 Applicant :- Smt. Angoori Devi & Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Akhitesh Srivastava Counsel for Opposite Party :- Govt. Advocate,Ram Babu Sharma
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicant, Sri Ram Babu Sharma for the opposite party no. 2, learned AGA for the State and perused the record.
The applicant, Smt. Angoori Devi and two others, through this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash the summoning order dated 7.11.2005 passed by the Additional Chief Judicial Magistrate, Anoopshahr, District Bulandshahr in Complaint Case No. 1137 of 2005 (Vikram Singh Vs. Lakhan Singh and others) under Sections 380, 120B IPC, P.S. Narora, District Bulandshahr and stay the further proceedings of the aforesaid case.
From the perusal of the record, it cannot be said that, prima facie, no case is made out against the applicants. All 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 or miscarriage of justice.
I find no reason to interfere in the proceedings and, therefore, refuse to quash the aforesaid order.
However, in view of the submissions made by the learned counsel for the applicants, it is provided that if the applicants move an application for discharge through counsel within two weeks from today, the same shall be disposed of by the trial court by speaking order in accordance with law within two weeks thereafter. For the period of four weeks from today or till the disposal of the application, whichever is earlier, no coercive action shall be taken against them.
The application under Section 482 Cr.P.C. is disposed of with the aforesaid direction.
Order Date :- 26.2.2018/AKK