Court No. - 84
Case :- APPLICATION U/S 482 No. - 5161 of 2021 Applicant :- Dharmendra Singh Shakya And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Singh Yadav Counsel for Opposite Party :- G.A.,Sanjay Yadav
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Sri Deepak Singh Yadav, learned counsel for the applicants and Ms. Sushma Soni, learned AGA appearing for the State- opposite party.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the entire proceedings of Special Trial No.5 of 2021 (State Vs. Dharmendra and Others) arising out of Case Crime No.314 of 2020, under Section 147, 323, 336, 504, 506 IPC and Section 3(1) Da & 3(1) Dha SC/ST Act, Police Station- Dannahar, District Mainpuri pending in the Court of Special Judge SC/ST Act, Mainpuri, as well as charge-sheet no.12 of 2021 dated 14.01.2021 and cognizance order dated 16.01.2021 and other consequential orders.
Learned counsel for the applicants has sought to assail the proceedings by referring to the factual aspects of the matter and also the statement of witnesses, which according to him do not support the factum of the incident.
Learned AGA submits that the aforesaid contention would relate to disputed questions of fact and appreciation of evidence, which would be beyond the scope and purview of the jurisdiction to be exercised under Sections 482 Cr.P.C.
Counsel for the applicants does not dispute the aforesaid legal position and fairly states that he does not wish to press the relief, as prayed for in the application. He states that the applicants would submit to the jurisdiction of the court below and apply for bail.
In view of the aforestated facts, this Court is not inclined to exercise its inherent jurisdiction under Section 482 Cr.P.C.
The application stands dismissed.
Order Date :- 28.7.2021 Nitendra (Dr. Y.K. Srivastava, J.)