Court No. - 48
Case :- APPLICATION U/S 482 No. - 10314 of 2018 Applicant :- Kranti Devi And 5 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Satyendra Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of the orders dated 5.10.2017 and 12.1.2018 passed by A.C.J.M.-V, Ghaziabad whereby notices have been issued against the applicants as well as the entire proceedings in Complaint Case No. 3555 of 2017,Kavita versus Kranti Devi, u/s 12 of the Protection of Women from Domestic Violence Act, 2005, Police Station- Sahibabad, District Ghaziabad pending before the court below.
Heard Sri Mohitosh Singh, Advocate holding brief of learned counsel for the applicants and learned A.G.A. Perused the record.
It is apparent from the contentions raised by the counsel for the applicants and also from the perusal of the grounds taken in the application that most of them are related to disputed questions of fact. All the pleas in defence which have been raised, both factual and legal, can be adequately gone into by the trial court itself. The court below, which is seized with the matter, can more appropriately look into the same and adjudicate more appropriately upon them. There is no justification to pre-empt the regular proceedings by invoking the inherent jurisdiction of this court under section 482 of Cr.P.C. In any view of the matter, from the perusal of the record and the impugned proceedings, it is found that there is no such glaring abuse of court's process which may justify to make interference in the same.
The application being sans merit stands dismissed.
Order Date :- 29.3.2018 CPP/-