Court No. - 22
Case :- APPLICATION U/S 482 No. - 1025 of 2008 Applicant :- Mukesh & Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- B.P. Verma Counsel for Opposite Party :- Govt. Advocate,Anubhav Chandra,D.K. Dewan
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
The applicant, Mukesh and three others, through this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash the charge sheet dated 22.9.2007 in Case Crime No. 468 of 2007 under Sections 452, 384, 364, 511 and 504 IPC, P.S. Govardhan, District Mathura and stay the further proceedings in Case No. 1751/IX/2007 (State Vs. Om Prakash and others) under Sections 452, 384, 364, 511 and 504 IPC, P.S. Govardhan, District Mathura.
From the perusal of the record, it transpires that on the basis of the material collected by the Investigating Officer, prima facie, case is made out. There is no illegality or irregularity in filing the charge sheet. 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 or miscarriage of justice.
I find no reason to interfere in the proceedings and, therefore, refuse to quash the charge sheet in the aforesaid case.
However, in view of the submissions made by the learned counsel for the applicants, it is provided that if the applicants move an application for discharge through counsel within two weeks from today, the same shall be disposed of by the trial court by speaking order in accordance with law within two weeks thereafter. For the period of four weeks from today or till the disposal of the application, whichever is earlier, no coercive action shall be taken against them.
The application under Section 482 Cr.P.C. is disposed of with the aforesaid direction.
Order Date :- 19.4.2017/AKK