Court No. - 84
Case :- APPLICATION U/S 482 No. - 16903 of 2021 Applicant :- Satyendra Kumar Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurodh Tripathi,Abhishek Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Sri Abhishek Chauhan, learned counsel for the applicants and Sri Arvind Kumar, learned A.G.A. for the State-opposite party.
The present application under Section 482 Cr.P.C. seeking to quash the entire criminal proceedings initiated on the basis of impugned Police Report dated 16.11.2019 and the cognizance order dated 11.2.2020 arising out of Sessions Trial No. 67 of 2020 (State vs. Satendra Kumar Singh & others) arising out of Case Crime No. 129 of 2019 under Section 323, 504 IPC & 3(2) (5ka) SC/ST Act, Police Station Punnuganj, District Sonbhadra pending in the court of Special Judge, S.C./S.T. Act, Sonbhadra and may further stay the entire further proceeding pursuant to the above noted case.
Learned counsel for applicants has sought quashing of the proceedings by referring to the factual aspect of the matter and seeking to place the defence which is sought to be raised on behalf of applicants.
Learned AGA submits that the contention, which is sought to be raised, would require appreciation of evidence and entering into the disputed questions of fact, which would be beyond the 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 prayed for in the present application are accordingly not entertained.
Counsel for the applicants states that the applicants would submit to the jurisdiction of the court below and seek bail.
In case any such application is moved the court below would be expected to pass appropriate orders thereon in accordance with the settled principles of law.
The application stands disposed of accordingly.
Order Date :- 23.9.2021 Shalini (Dr. Y.K.Srivastava,J.)