Court No. - 86
Case :- APPLICATION U/S 482 No. - 10866 of 2021 Applicant :- Smt Kamlawati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Learned counsel for the applicant prays that he may be permitted to add as Sections 467, 468, 471 I.P.C.in the prayer clause of the application.
Learned counsel for the applicant is permitted to add as aforesaid Sections 467, 468, 471 I.P.C. in the prayer clause of the application.
Heard learned counsel for the applicant and learned A.G.A. appearing for State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 25.11.2015 passed by Judicial Magistrate Siddharthnagar in Criminal Complaint Case No. 3199 of 2014 (State Vs. Smt. Kamlawati) arising out of Case Crime No. 270 of 2011, under Sections 419, 420, 467, 468 and 471 I.P.C., Police Station Shohratgarh, District Siddharthnagar, pending in the court of ACJM / F.T.C. Siddharthnagar.
From the perusal of the material on record and looking into the facts and circumstances of the case, I am of the considered view that prima facie cognizable case is made out against the applicant. Content of F.I.R. discloses cognizable offence against the applicant. Moreover, though in the statement under Section 164 Cr.P.C. there is allegation against the applicant but factual aspects of the matter cannot be assessed by this Court at this State. All other arguments are based on the facts which cannot be evaluated by this Court in exercise of powers under Section 482 Cr.P.C. All the submissions made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CR.P.C.
I have heard learned counsel for the applicant and learned AGA. and have gone through the materials available on record carefully and I do not find any substance in the arguments advanced by learned Counsel for the applicant.
The impugned order reflects application of judicial mind. No interference is required by this Court.
Needless to state that in the eventuality of surrendering and moving bail application by the applicant before competent Court of Jurisdiction, the Court below shall decide the same as expeditiously as possible in accordance with law, considering all aspects of the matter.
However, it is made clear that this Court has not expressed any opinion on the merits of the case and the competent Court below is to act, in accordance with law.
With the above observation, this application stands disposed of.
Order Date :- 16.8.2021 Rameez