Court No. - 24
Case :- APPLICATION U/S 482 No. - 6366 of 2003 Applicant :- Jokhu & Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Ali Hasan Counsel for Opposite Party :- Govt. Advocate,R.K.Pandey
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants and the learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the criminal proceedings of Criminal Case No. 1644 of 2002, under Sections 323, 504, 506 I.P.C., Police Station Mariyahoon, District Jaunpur pending in the court of Judicial Magistrate, Ist, Court No. 17, Jaunpur including cognizance order dated 18 March 2002 and non bailable warrant dated 30 April 2003 passed by the the Judicial Magistrate IInd, Jaunpur on the basis of charge sheet dated 23 October 2001 submitted by the police after completing investigation.
From the perusal of the allegations levelled and the material on record and looking into the facts of the case at this stage it cannot be said that prima facie no offence 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.
The prayer for quashing the proceedings of the aforesaid case based on the charge-sheet is refused.
The application is dismissed.
It is however, provided that in case the applicants apply for bail, the same shall be considered by the court concerned in light of the decisions rendered by this Court as well as the Supreme Court on the subject.
Order Date :- 27.7.2018 Arun K. Singh