Court No. - 86
Case :- APPLICATION U/S 482 No. - 13668 of 2021 Applicant :- Km. Madhuri (Minor) Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Keshari Nandan Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
I have heard learned counsel for the applicant as well as learned AGA and have gone through the material available on record carefully This application under Section 482 Cr.P.C. has been filed for quashing of order dated 18.1.2021 passed by larned Sessions Judge, Hamirpur in Criminal Revision No. 21 of 2020, (Madhuri Vs. State of U.P. and Others) as well as order dated 29.5.2020 passed by learned Additional Chief Judicial Magistrate, Hamirpur, in Criminal Case No. 1211 of 2020 (State of U.P. Vs. Ajay 2 Others) under Section 323, 504 and 506 IPC, P.S. Muskara, District- Hamirpur. Further prayer to direct the Additional Chief Judicial Magistrate, Hamirpur, to take fresh cognizance of the offence and summon the accused persons/opposite party nos. 2 & 3.
All the submission 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 do not find any substance in the arguments advanced by learned counsel for the applicant.
The impugned orders reflect application of judicial mind. No interference is required by this Court.
Needless to state that in the eventuality of filing of any proper application by the applicant before the trial Court, it is expected from the trial Court to decide the same expeditiously in accordance with law after considering entire aspect of the matter.
It is made clear that this Court has not expressed any opinion on merits of the case and the competent Court is to act in accordance with law.
With the above observation, this application stands disposed of accordingly.
Order Date :- 12.8.2021/S.Verma