Court No. - 84
Case :- APPLICATION U/S 482 No. - 11103 of 2021 Applicant :- Pintu Bind Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Shri Sunil Kumar Yadav, learned counsel for the applicant and Shri Sameer Shankar, learned AGA for the State- Opposite Party.
The present application under section 482 Cr.P.C. has been filed seeking to quash the charge sheet dated 22.08.2020 submitted in case crime no. 0186 of 2020 under sections 323, 354, 354Ka, 354Kha I.P.C. and Section 7/8 POCSO Act, 2012 and Section 3(1)(Da), 3(1)(Dha) of SC/ST Act at P.S.-Aurai, District Bhadohi which is registered as S.T. No. 64 of 2021 (State of U.P. Vs. Pintu Bind and others).
Learned counsel for the applicant has sought quashing of the proceedings by seeking to refer to the factual aspects of the matter and the defence which is to be set up on behalf of the applicant.
Learned AGA submits that the aforesaid contention would relate to disputed questions of fact and would involve appreciation of evidence, which would be beyond the scope and purview of the powers to be exercised under Section 482 Cr.P.C.
Learned counsel for the applicant has not disputed the aforesaid legal position and fairly submits that he does not want to press the relief, as prayed for in the present application. Learned counsel states that the applicant would submit to the jurisdiction of the court below and seek bail.
Having regard to the aforesaid, this court is not inclined to exercise its inherent jurisdiction under Section 482 Cr.P.C..
The application stands dismissed. Order Date :- 28.7.2021 Kirti (Dr. Y.K. Srivastava, J)