Court No. - 20
Case :- APPLICATION U/S 482 No. - 24286 of 2011 Applicant :- Awadhesh Kumar Shukla And Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Manish Tiwary,Ashwini Kumar Awasthi Counsel for Opposite Party :- Govt. Advocate,Jay Prakash Singh,Shiv Kumar Singh
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State, Shri Shiv Kumar Singh, learned counsel for the opposite party no. 2 and perused the record of the case.
This application under section 482 Cr.P.C. has been filed for quashing the entire proceeding of Case No. 2120 of 2011 (State Versus Awadhesh and others), arising out of Case Crime No. 1455 of 2010, under Sections 420, 467, 468 and 471 I.P.C., P.S. Sadar Bazar, District Shahjahanpur, pending in the court of C.J.M., Shahjahanpur.
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 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.
Accordingly, prayer of the applicants is refused.
However, in view of the submissions, 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 application, which ever is earlier, no coercive action be taken against the applicants.
With the aforesaid direction, this application is disposed of.
Order Date :- 29.3.2018 Prakhar