Court No. - 86
Case :- APPLICATION U/S 482 No. - 15699 of 2021 Applicant :- Smt. Shiv Kumari @ Suman Sharma And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Tripathi,Mandvi Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
I have heard learned counsel for the applicants as well as learned AGA and have gone through the material available on record carefully.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Complaint Case No. 2475of 2015 (Mithlesh Vs. Shiv Kumari & Others) as well as summoning order dated 4.8.2015, under Sections 452, 323, 504, 506 I.P.C., P.S- Loni, District- Ghaziabad, pending in the Court of Additional Chief Judicial Magistrate Court No. 1, Ghaziabad. Further prayer to stay the further proceedings of the aforesaid case has also been made.
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. All the submission 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 do not find any substance in the arguments advanced by learned counsel for the applicant.
The impugned order reflects application of judicial mind. No interference is required by this Court.
Needless to state that in the eventuality of filing any bail application by the applicants before the trial Court, it is expected from the trial Court to decide the same expeditiously in accordance with law after considering entire aspect of the matter.
It is made clear that this Court has not expressed any opinion on merits of the case and the competent Court is to act in accordance with law.
With the above observation, this application stands disposed of accordingly.
Order Date :- 20.9.2021 S.Verma