Court No. - 86
Case :- APPLICATION U/S 482 No. - 14130 of 2021 Applicant :- Mohd. Nasir And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ved Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceeding including iimpugned charge sheet dated 11.02.2019 bearing charge sheet no. 27 of 2019 in Cr. Case No. 2375 of 2019 arising out of case crime no. 524 of 2018 under Section 420, 467, 468, 471, 452, 323, 504, 506 I.P.C. at P.S- Bhojpur, District-
Moradabad pending in the Court of learned Judicial Magistrate Thakurdwara, District- Moradabad as well as summoning/ cognizance order dated 25.10.2019 with an alternative prayer to stay the further proceedings of the above mentioned case.
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 applicant. 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 have heard learned counsel for the applicant and learned AGA. and have gone through the materials available on record carefully and I do not find any substance in the arguments advanced by learned Counsel for the applicant.
No interference is required by this Court.
Needless to state that in the eventuality of surrendering and moving bail application by the applicant before competent Court of Jurisdiction, the Court below shall decide the same as expeditiously as possible in accordance with law, considering all aspects of the matter.
However, it is made clear that this Court has not expressed any opinion on the merits of the case and the competent Court below is to act, in accordance with law.
This application stands disposed off accordingly.
Order Date :- 13.8.2021//Fhd.