Court No. - 53
Case :- APPLICATION U/S 482 No. - 2149 of 2019 Applicant :- Lavkush And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dharmendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the applicants with the prayer to quash the order dated 21.11.2018 passed by A.C.J.M.-I, Basti and to quash the proceedings in Case No. 1075 of 2017, arising out of N.C.R. No. 1571 of 2016, under Sections 323, 504, 506, 325 of IPC, 1860, Police Station - Parashrampur, District - Basti.
Learned counsel for the applicants contended that the present case has been filed against the applicants by opposite party no. 2 - Sahdev Tiwari as a counterblast of the first information report lodged by applicant no. 1 - Lavkush against opposite party no. 2 and his family members. He further contended that there is no specific allegation against applicant no. 4 - Km. Shilpi, who is unmarried girl.
Per contra, learned A.G.A. opposed the prayer made and contentions thereof raised by learned counsel for the applicants and contended that the material on record was sufficient for initiation of criminal proceedings and passing of the impugned order in the aforesaid case against the applicants.
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 in exercise of its extraordinary jurisdiction under Section 482 of Code.
In view of the above, the prayer for quashing of the impugned order dated 21.11.2018 as well as the proceedings in the aforesaid case is refused.
However, it is directed that if applicant no. 4 - Km. Shilpi files discharge application through counsel with 30 days from today, the same shall be considered and decided by the trial court by a reasoned and speaking order, strictly in accordance with law.
Till the disposal of discharge application, no coercive action shall be taken against the applicant no. 4 - Km. Shilpi.
With the aforesaid observations/directions, the instant application stands disposed of.
Order Date :- 21.1.2019 I. Batabyal