Court No. - 20
Case :- APPLICATION U/S 482 No. - 3381 of 2006 Applicant :- Ikrar & Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
The applicant, Ikrar and eight others, through this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash the orders dated 7.3.2006 and 15.4.2005 passed by Judicial Magistrate, Moradabad as well as the entire proceedings in Case No. 386/9/2006 (Smt. Saira Begum Vs. Saied and others) under Sections 323, 504, 506 and 427 IPC, P.S. Kanth, District Moradabad.
From the perusal of the record, it cannot be said that, prima facie, no case is made out against the applicants. 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 proceedings in the aforesaid case.
However, in view of the submissions made by the learned counsel for the applicants, it is provided that if the applicants move 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 them.
The application under Section 482 Cr.P.C. is disposed of with the aforesaid direction.
Order Date :- 26.2.2018/AKK