Court No. - 20
Case :- APPLICATION U/S 482 No. - 3326 of 2006 Applicant :- Hari Om Gupta Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Nitin Gupta Counsel for Opposite Party :- Govt. Advocate,Ramesh Kumar Shukla
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicant and Sri Ashok Kumar Rai, Advocate holding brief of Sri Ramesh Kumar Shukla, learned counsel for the opposite party, learned AGA and perused the record.
The applicant, Hari Om Gupta, through this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to set aside order dated 1.12.2005 passed by Chief Judicial Magistrate, Ghaziabad in Case No. 10059 of 2005 under Section 323 IPC, P.S. Kavi Nagar, District Ghaziabad and stay the further proceedings of the aforesaid case.
From the perusal of the record, it cannot be said that prima facie, no case is made out against the applicant. All 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 or miscarriage of justice.
I find no reason to interfere in the proceedings and, therefore, refuse to quash the aforesaid order.
However, in view of the submissions made by the learned counsel for the applicant, it is provided that if the applicant moves an application for discharge through counsel within two weeks from today, the same shall be disposed of by the trial court by speaking order in accordance with law within two weeks thereafter. For the period of four weeks from today or till the disposal of the application, whichever is earlier, no coercive action shall be taken against him.
The application under Section 482 Cr.P.C. is disposed of with the aforesaid direction.
Order Date :- 26.2.2018/AKK