Court No. - 86
Case :- APPLICATION U/S 482 No. - 14126 of 2021 Applicant :- Ataullah @ Abullah And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shamim Ahmad Ansari Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the further proceeding of Case No. 58 of 2021 as well as charge sheet dated 29.10.2020 arising out of Case Crime No. 109 of 2020 under Sections 147, 148, 149, 307, 323, 452, 504, 506, 336, 325 I.P.C. against applicant nos. 1 to 6 and Sections 147, 148, 149, 307, 323, 452, 504, 506, 336, 325 I.P.C. and 3/25 Arms Act against applicant no.7, P.S.- Deogaon, District- Azamgarh pending in the court of Additional Chief Judicial Magistrate, Court No. 10, Azamgarh with an alternative prayer to stay the further proceedings of the above mentioned case.
From the perusal of the material on record and looking into the facts and circumstances of the case, I am of the considered view that prima facie cognizable case is made out against the applicant. All the submission made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CR.P.C.
I have heard learned counsel for the applicant and learned AGA. and have gone through the materials available on record carefully and I do not find any substance in the arguments advanced by learned Counsel for the applicant.
No interference is required by this Court.
This application stands disposed off accordingly.
Order Date :- 13.8.2021//Fhd.