Court No. - 86
Case :- APPLICATION U/S 482 No. - 10882 of 2021 Applicant :- Rakesh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Paritosh Sukla Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants and learned A.G.A. appearing for State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 02.02.2021 passed by Civil Judge (J.D.) / Judicial Magistrate Chandpur (Bijnor) in Complaint Case No. 1137 of 2013 under Sections 504 and 506 I.P.C., Police Station Chandpur, District Bijnor, pending in the court of Civil Judge (J.D.) / Judicial Magistrate Chandpur (Bijnor).
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. Content of F.I.R. discloses cognizable offence against the applicants. Moreover, though in the statement under Section 164 Cr.P.C. there is allegation against the applicants but factual aspects of the matter cannot be assessed by this Court at this State. All other arguments are based on the facts which cannot be evaluated by this Court in exercise of powers under Section 482 Cr.P.C. All the submissions 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 have heard learned counsel for the applicants and learned AGA. and have gone through the materials available on record carefully and I do not find any substance in the arguments advanced by learned Counsel for the applicants.
The impugned order reflects application of judicial mind. No interference is required by this Court.
Needless to state that in the eventuality of surrendering and moving bail application by the applicants before competent Court of Jurisdiction, the Court below shall decide the same as expeditiously as possible in accordance with law, considering all aspects of the matter.
However, it is made clear that this Court has not expressed any opinion on the merits of the case and the competent Court below is to act, in accordance with law.
With the above observation, this application stands disposed of.
Order Date :- 16.8.2021 Rameez