Court No. - 86
Case :- APPLICATION U/S 482 No. - 13670 of 2021 Applicant :- Ghanshyam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
I have heard learned counsel for the applicant as well as learned AGA and have gone through the material available on record carefully This application under Section 482 Cr.P.C. has been filed for quashing charge-sheet no. 4 of 2020 dated 16.2.2020 and cognizance order dated 8.1.2021 passed by Civil Judge (J.D.) 1st/Judicial Magistrate, Kasganj, as well as entire proceeding of Case No. 10 of 2021 arising out of case Crime No. 5 of 2020, under Section 447 IPC and 3(2) of prevention of Damage to Public Property Act, 1984, P.S.- Sunngadhi, District- Kasganj , pending in the Court of Civil Judge (J.D.) 1st/Judicial Magistrate, Kasganj. Further prayer to stay the further proceedings of the aforesaid case has also been made.
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 applicant. 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 do not find any substance in the arguments advanced by learned counsel for the applicant. No interference is required by this Court.
Needless to state that in the eventuality of filing any bail application by the applicant before the trial Court, it is expected from the trial Court to decide the same expeditiously in accordance with law after considering entire aspect.
It is made clear that this Court has not expressed any opinion on merits of the case and the competent Court is to act in accordance with law.
With the above observation, this application stands disposed of accordingly.
Order Date :- 12.8.2021/S.Verma