Court No. - 84
Case :- APPLICATION U/S 482 No. - 17430 of 2020 Applicant :- Rajesh Mishra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Ajay Kumar Pathak, learned counsel for the applicants and Sri Gyan Prakash Singh, State Law Officer appearing for the State-opposite party.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge sheet dated 13.09.2017 along with cognizance order dated 14.12.2017 passed by the learned Additional Chief Judicial Magistrate, Sadabad, district Hathras in case no. 1307 of 2017, State vs. Rajesh Mishra and others, arising out of case crime no. 627 of 2017, under Sections 384, 342 IPC, Police Station Sadabad, District Hathras as well as the entire proceedings of the aforesaid case pending in the court of the Additional Chief Judicial Magistrate, Sadabad, District Hathras.
Learned counsel for the applicants has sought quashing of the charge sheet, cognizance order and the entire proceedings by adverting to the factual aspects of the matter and the defence of the applicants.
Learned State Law Officer submits that the contention which is sought to be raised, would require appreciation of evidence and entering into the disputed questions of fact, which is beyond the purview of proceedings under Section 482 Cr.P.C.
Learned counsel for the applicants has not been able to dispute the aforesaid legal position and fairly submits that he does not wish to press the reliefs, as prayed for, in the application.
Counsel for the applicants states that the applicants would submit to the jurisdiction of the court below and apply for bail.
In case, any such application is moved the court below would be expected to dispose it of in accordance with law.
Subject to the aforesaid observation the application stands dismissed.
Order Date :- 29.7.2021 Imroz
(Dr. Y. K. Srivastava, J.)