Court No. - 20
Case :- APPLICATION U/S 482 No. - 12322 of 2006 Applicant :- Jwala Prasad & Another Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Satyendra Narayan Singh,Jagdish Prasad Mishra Counsel for Opposite Party :- Govt. Advocate,Bashistha Narain Pandey
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State and Sri Bashistha Narain Pandey, learned counsel for the opposite party no. 2.
This application under section 482 Cr.P.C. has been filed for quashing the further proceedings of Criminal Complaint No. 1672 of 2006 (Prithvi Pal vs. Jwala Prasad and others) under sections 466, 467, 468 and 471 IPC and also quash the order dated 19.5.2006 passed by the Judicial Magistrate-I, Court No. 12, Basti in the aforesaid complaint.
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. 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 of miscarriage of justice.
Accordingly, prayer of the applicants is refused.
However, in view of the submissions, it is 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 reasoned and speaking order in accordance with law within two weeks thereafter.
For a period of four weeks or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the applicants.
With the aforesaid direction, this application is disposed of.
Order Date :- 27.2.2018 Puspendra