Court No. - 22
Case :- APPLICATION U/S 482 No. - 3937 of 2008 Applicant :- Ashok Kumar & Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Anil Kumar Sharma Counsel for Opposite Party :- Govt. Advocate
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicants, 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 proceedings in Complaint Case No. 3914 of 2007 (Hukum Singh vs. Ashok and others) under sections 406 and 420 IPC, Police Station Pachhay Goan, District Etawah, pending in the court of Additional Civil Judge (J.D.)/Judicial Magistrate, Etawah.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence 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 of miscarriage of justice.
Accordingly, prayer of the applicants is refused.
However, considering the facts and circumstances of the case, it is also provided that in case the applicants move 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 the discharge application, whichever is earlier, no coercive action shall be taken against the applicants.
With the aforesaid direction, this application is disposed of.
Order Date :- 19.4.2017 Puspendra