Court No. - 86
Case :- APPLICATION U/S 482 No. - 13483 of 2021 Applicant :- Navisher And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
I have heard learned counsel for the applicants 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 criminal proceeding of Complaint Case No. 4126 of 2019 (Kallan Shah Vs. Saukat and Others), as well as summoning order dated 25.2.2021, under Section 323 I.P.C., P.S- Merapur, District- Farrukhabad, pending in the Court of Additional Chief Judicial Magistrate Farrukhabad. 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 offence 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 applicants.
However, learned counsel for the applicants argued that the benefit of the case of Amrawati and another Vs. State of U.P. reported in 2004(57) ALR 290 approved by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. 2009(3) ADJ 322 (SC) be provided to them.
In view of above, the prayer for quashing the entire proceeding is hereby refused.
Needless to state that in the eventuality of filing any bail application by the applicants 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 :- 7.10.2021/S.Verma