Court No. - 20
Case :- APPLICATION U/S 482 No. - 25314 of 2012 Applicant :- Narain Das Agarwal @ Babu Lal And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ratnesh Kumar Pandey Counsel for Opposite Party :- Govt. Advocate
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State and perused the record of the case.
This application under section 482 Cr.P.C. has been filed for quashing the Criminal Complaint No. 1009 of 2010 (Sunita Devi Versus Sanju and others), under Sections 323/504/506/342/354 I.P.C., P.S. Kotwali, District Varanasi, pending in the court of A.C.J.M., court no. 4, Varanasi and further prayed to stay the proceeding in the aforesaid case.
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. Most of 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, considering the facts and circumstances of the case, it is also 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 speaking order in accordance with law within two weeks thereafter.
For a period of four weeks or till the disposal of application, which ever is earlier, no coercive action be taken against the applicants.
With the aforesaid direction, this application is disposed of.
Order Date :- 27.2.2018 Prakhar