Court No. - 20
Criminal Misc. Recall/Restoration Application No. 370303 of 2017 in Case :- APPLICATION U/S 482 No. - 148 of 2010 Applicant :- Gulzari Lal And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Amit Krishan Counsel for Opposite Party :- Govt. Advocate,A.K.Maurya
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicants, learned Additional Government Advocate and perused the record of the case.
Cause shown for delay in filing the application is sufficient and the same is condoned.
Cause shown for non-appearance is sufficient.
The restoration application is allowed. The order dated 24.1.2017 is recalled and the application stands restored to its original number.
Order Date :- 27.2.2018 Prakhar .
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Court No. - 20
Case :- APPLICATION U/S 482 No. - 148 of 2010 Applicant :- Gulzari Lal And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Amit Krishan Counsel for Opposite Party :- Govt. Advocate,A.K.Maurya
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicants, learned Additional Government Advocate and perused the record of the case.
This application under section 482 Cr.P.C. has been filed for quashing the entire proceeding of Complaint Case No. 721/9 of 2009 (Sunil Kumar Vs. Gulzari and another), under Sections 323, 325, 354, 452, 504, 506 I.P.C., pending in the court of C.J.M., Court no. 1, Muzaffarnagar.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants. Most of 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 of miscarriage of justice.
Accordingly, prayer of the applicants is refused.
However, in view of the submissions, considering the facts and circumstances of the case, it is also provided that in case the applicants move an application for discharge through counsel within two weeks, the same shall be disposed of by the trial court by a speaking order in accordance with law within two weeks thereafter.
For a period of four weeks or till the disposal of application, which ever is earlier, no coercive action be taken against the applicants.
With the aforesaid direction, this application is disposed of.
Order Date :- 27.2.2018 Prakha