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Rajkumar Jaiswal And Another vs State Of U P And Another

High Court Of Judicature at Allahabad|16 August, 2021
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JUDGMENT / ORDER

Court No. - 86
Case :- APPLICATION U/S 482 No. - 6146 of 2021 Applicant :- Rajkumar Jaiswal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashank Shekhar Mishra,Tarun Jha 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 proceeding of Case No. 1166 of 2020 (State Vs. Rajkumar Jaiswal and Another) and Charge-sheet dated 4.2.2020 as well as cognizance order dated 27.11.2020 arising out of Case Crime No. 0275 of 2019, under Sections 323, 504, 506, 354, 34, 427 IPC, P.S. Mutthignj, District- Allahabad. 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 cognizable case 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 applicant.
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 all the aspects 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 :- 16.8.2021 S.Verma
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Title

Rajkumar Jaiswal And Another vs State Of U P And Another

Court

High Court Of Judicature at Allahabad

JudgmentDate
16 August, 2021
Judges
  • Umesh Kumar
Advocates
  • Shashank Shekhar Mishra Tarun Jha