Court No. - 20
Case :- APPLICATION U/S 482 No. - 2602 of 2012 Applicant :- Bala Prasad Patel Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rahul Sahai Counsel for Opposite Party :- Govt. Advocate
Hon'ble Amar Singh Chauhan,J.
Heard Sri Shiva Tripathi, Advocate holding breif of Sri Rahul Sahai, learned counsel for the applicant, learned AGA and perused the material on record.
The applicant, Bala Prasad Patel, through this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to quash the impugned summoning order dated 25.3.2011 passed by Chief Judicial Magistrate, Mathura in Case No. 1661 of 2010 (Jitendra Vs. Amarjeet Singh and others) under Section 420 IPC, P.S. Kotwali, District Mathura and stay the effect and operation of the aforesaid order.
From the perusal of the record, it cannot be said that, prima facie, no case is made out against the applicant. 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.
Accordingly, the prayer made is refused.
However, in view of the submissions made by the learned counsel for the applicant, it is provided that if the applicant moves 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 him.
The application under Section 482 Cr.P.C. is disposed of with the aforesaid direction.
Order Date :- 29.3.2018 AKK