Court No. - 86
Case :- APPLICATION U/S 482 No. - 9266 of 2021 Applicant :- Devendra Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anant Ram Gupta Counsel for Opposite Party :- G.A.,Arvind Agrawal
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants,learned counsel for the opposite party no.2 and learned A.G.A. appearing for State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash charge sheet dated 09.08.2019, cognizance order dated 30.09.2019 as well as Case Diary Parcha dated 03.09.2019 and entire criminal proceeding of Case No.7244 of 2020 arising out of Case Crime No.325 of 2019 under Sections 323, 504, 325 I.P.C. and added Sections 354 and 308 I.P.C., Police Station South,District Firozabad, pending in the court of Chief Judicial Magistrate, Firozabad.
Learned counsel for the applicants has submitted that applicant nos. 1 and 2 are on bail. The applicants and opposite party no.2 belong to the same family and opposite party no.2 has falsely implicated the applicants in the present crime.
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 applicants. 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 applicants,learned counsel for the opposite party no.2 and learned AGA. appearing for the State 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 applicants as version of the F.I.R. has been fully supported by the statement recorded under Section 161 Cr.P.C. and corroborated by medical report. The cognizance order was rightly passed by learned Magistrate.
The impugned orders reflects application of judicial mind. No interference is required by this Court invoking powers under Section 482 Cr.P.C.The applicants are at liberty to move application for discharge at appropriate stage,whenever they so desire.
Needless to state that this Court has not expressed any opinion on the merits of the case and the competent Court below is to act, in accordance with law.
With the above observation, this application stands disposed of. Order Date :- 12.8.2021 MN/-