Court No. - 84
Case :- APPLICATION U/S 482 No. - 16359 of 2021 Applicant :- Raju Shakya @ Rajesh Kumar And 2 Ors.
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Sri Ajendra Kumar, learned counsel for the applicants and Sri Pankaj Saxena, learned AGA-I appearing for the State-opposite party.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the entire criminal proceedings in S.T. No. 296 of 2021 arising out of Case Crime No. 93 of 2021 as well as charge sheet dated 09.06.2021 and cognizance order dated 06.07.2021 under Sections 352, 504 I.P.C. and Section 3(1)(r), 3(1)(s) SC/ST Act, Police Station- Sidhpura, District-Kasganj pending in the court of learned Special Judge SC/ST Act Kasganj.
Counsel for the applicants has sought quashing of the proceedings by referring to the factual aspects of the case and the defence which is sought to be set up on behalf of the applicants.
Learned AGA-I submits that the aforesaid contention would relate to disputed questions of fact and would require appreciation of evidence, which would be beyond the scope and purview of powers to be exercised under Section 482 Cr.P.C. at this stage of the proceedings.
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. The reliefs sought are therefore, not entertained.
Learned counsel states that the applicants would submit to the jurisdiction of the court below and seek bail.
In case any such application is moved by the applicants, the court below would be expected to pass appropriate orders thereon in accordance with the settled principles of law.
Subject to aforesaid observation, the application stands disposed of. Order Date :- 7.10.2021 Kirti (Dr. Y.K. Srivastava, J)