Court No. - 15
Case :- APPLICATION U/S 482 No. - 43005 of 2018 Applicant :- Raj Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pankaj Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A., for the State. Perused the record.
This application under Section 482 Cr.P.C., has been filed to quash the impugned order dated 24.9.2018 passed by Additional Sessions Judge, Fast Track Court No. 2 in Sessions Trial No. 313 of 2015 (State Vs. Sugreev Singh and others) arising out of Case Crime No. 60 of 2013 under Sections 147, 148, 149, 323, 504, 506, 452 and 307 IPC and Section 7 C.L.A. Act, Police Station Saifai, District Etawah whereby application of the applicant for discharge has been rejected.
Learned counsel for the applicant contended that from perusal of the injury report, offence under Sections 307 IPC is not made out.
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 applicant.
All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in exercise of its extraordinary jurisdiction under Section 482 of Code.
Accordingly, in view of law laid down by the Hon'ble Apex Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. Vs. Central Burueau of Investigation reported in 2018 SCC OnLine SC 310, this application under Section 482 Cr.P.C., stands dismissed.
Order Date :- 29.11.2018 Jaswant