Court No. - 20
Case :- APPLICATION U/S 482 No. - 24259 of 2010 Applicant :- Smt. Laxmi Gupta And Others Opposite Party :- State Of U.P. & Others Counsel for Applicant :- Gaurav Kumar Shukla Counsel for Opposite Party :- Govt.
Advocate,B.N.Pandey
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicants, learned Additional Government Advocate and Sri B.D. Mishra, learned counsel for the opposite party no. 2.
This application under section 482 Cr.P.C. has been filed for setting aside the order dated 12.8.2009 passed by Chief Judicial Magistrate, Ballia in Criminal Case No. 1639 of 2008 (Anil Kumar Gupta vs. Jayantri Lal Gupta) under sections 323, 504, 506 IPC, Police Station Kotwali, District Ballia.
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 :- 22.2.2018 Puspendra