Court No. - 84
Case :- APPLICATION U/S 482 No. - 14040 of 2021 Applicant :- Sarnam Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Shri Rupendra Kumar Mishra holding brief of Shri Santosh Kumar Verma, learned counsel for the applicants and Ms. Rachna Tiwari, learned AGA appearing for the State Opposite party.
The present application under section 482 Cr.P.C. has been filed seeking to quash the charge sheet dated 13.12.2020 as well as cognizance order dated 10.02.2021 along with entire proceedings in S.T. No. 33 of 2021 (State Vs. Sarnam Singh and Others) under section 308, 325, 323, 504 I.P.C. and Section 3(1)(DA), 3(1)(DHA) SC/ST Act, P.S. Kailiya District Jalaun, arising out of Case Crime No. 128 of 2020, P.S. Kailiya, District Jalaun, pending before Special Judge SC/ST Act Jalaun at Orai.
Learned counsel for the applicants has sought quashing of the proceedings by refering to the factual aspect of the matter and the defence which is sought to be set up on behalf of the applicants. He submits that from the material on record, the offence as described in the charge sheet are not made out.
Learned AGA submits that the aforesaid contention would relate to disputed questions of fact and would involve appreciation of evidence, which would be beyond the scope and purview of jurisdiction to be exercised under Section 482 Cr.P.C at this stage of the proceedings.
Learned counsel for the applicant has not disputed the aforesaid legal position and fairly submits that he does not want to press the relief as prayed for in the present application. The prayer which is sought in the application are thus 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 :- 13.8.2021/Kirti (Dr. Y.K. Srivastava, J)