Court No. - 84
Case :- APPLICATION U/S 482 No. - 10069 of 2021 Applicant :- Balbir And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Punya Sheel Pandey Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Shri Shiv Sharan Tripathi holding brief of Shri Punya Sheel Pandey, learned counsel for the applicants and Shri Arvind Kumar, learned AGA appearing for the State-Opposite Party no.1.
The present application under section 482 Cr.P.C. has been filed seeking to quash the entire proceedings originated upon a charge sheet dated 21.01.2020 as well as summoning order dated 10.11.2020 passed in Case No. 1377/IX/2020, (State Versus Balbir and others) in Case Crime No. 520 of 2020, u/s-452, 323, 504, 506, IPC Police Station-Raya, District-Mathura pending before the court of Additional Chief Judicial Magistrate Court No. 1, Mathura.
Counsel for the applicant has sought quashing of the proceedings by submitting that the applicants are being falsely implicated and in this regard he has referred to the factual aspects of the matter and also the medical evidence.
Learned AGA submits that the aforesaid contention would relate to disputed questions of fact and would involve appreciation of evidence, which would be beyond the scope and purview of the powers to be exercised under Section 482 Cr.P.C.
Learned counsel for the applicant does not dispute the aforesaid legal position and fairly submits that the applicant does not want to press the relief, as prayed for in the present application.
Learned counsel states that the applicant would submit to the jurisdiction of the court below and apply for bail.
Having regard to the aforesaid facts and circumstances, this court is not inclined to exercise its inherent jurisdiction under Section 482 Cr.P.C..
The application stands dismissed. Order Date :- 27.7.2021/Kirti (Dr. Y.K. Srivastava, J)