Court No. - 84
Case :- APPLICATION U/S 482 No. - 9262 of 2021 Applicant :- Sehendra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikrant Pandey,Gaurabh Srivastava,Prasoon Kumar Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Sharad Sharma, holding brief of Sri Vikrant Pandey, learned counsel for the applicants and Sri Gyan Prakash Singh, learned State Law Officer appearing for the State-opposite party no.1.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the charge sheet dated 03.11.2019 and the proceeding of the Case No. 267/9 of 2020, arising out of Case Crime No. 0246 of 2019 (State vs. Radhey Shyam and others) under Sections 452, 323, 504, 506, 325 IPC, P.S. Babari, District Shamli pending before the learned Civil Judge, Junior Division/FTC, Shamli, arising out of summoning order dated 05.02.2020 against the applicants.
Learned counsel for the applicants has sought quashing of the proceedings by referring to the factual aspects of the matter and the defence which is sought to be set up on behalf of the applicants.
Learned State Law Officer submits that the contention which is sought to be raised, would require appreciation of evidence and entering into the disputed questions of fact, which is 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 apply for bail.
In case any such application is moved the court below would be expected to dispose it of in accordance with the settled principles of law.
Subject to the aforesaid observation the application stands dismissed.
Order Date :- 12.8.2021 Imroz (Dr. Y. K. Srivastava, J.)