Court No. - 51
Case :- APPLICATION U/S 482 No. - 32162 of 2019 Applicant :- Satyawan Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ved Byas Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard the learned counsel for the applicant and the learned AGA appearing for the State.
The present 482 application has been filed for quashing the order dated 23.7.2019 and the order dated 2.8.2019 passed by learned Additional Session Judge, Court No. 3, Deoria in S. T. No. 128 of 2018.
The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.
I have perused both the orders impugned, perusal of which shows that trial court has thoroughly gone through the entire evidence and after due discussion of the evidence has recorded categorical findings and thus no illegality or perversity can be attributed to the orders impugned.
Learned counsel for the applicant has failed to demonstrate as to how and in what manner these orders are said to be prejudicial to the applicant. These two impugned orders have no effect as far as trial of the present case is concerned.
All the submission made at the bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only a prima facie case is to be seen.
The prayer for quashing the order impugned is refused.
However, looking to the fact that the NBW has been issued, it is provided that if the applicant surrenders and applies for bail before the court below within a period of two weeks' from today, the same shall be considered in accordance with law.
With the aforesaid directions, this application is disposed off.
Order Date :- 26.8.2019 Kuldeep