Court No. - 86
Case :- APPLICATION U/S 482 No. - 13612 of 2021 Applicant :- Mohd. Asif Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Swetashwa Agarwal,Yash Raj Verma 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 entire proceeding of Criminal Complaint Case No. 12495 of 2020 (Umrao Singh Vs. Asif) as well as summoning order dated 20.5.2019, under Section 138 of N.I. Act, P.S. Kharkhauda, District- Meerut, pending in the Court of Additional Chief Judicial Magistrate Court No.-5, Meerut. Further prayer to stay the further proceedings of the aforesaid case has also been made.
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 applicants. 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 order reflects application of judicial mind. No interference is required by this Court. Moreover, the applicant has got a right of discharge through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial 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