Court No. - 84
Case :- APPLICATION U/S 482 No. - 17423 of 2020 Applicant :- Shyamvir And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Braj Mohan Singh Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Braj Mohan Singh, learned counsel for the applicants and Sri Pankaj Saxena, learned AGA-I appearing for the State- opposite party.
The present application under Section 482 has been filed seeking to quash the cognizance order dated 16.07.2020 taken by Judicial Magistrate, Etah on the chargesheet no.19 of 2020 dated 05.03.2020 arising out of case crime no..208/2019, under Sections 452, 323, 504, 506 354Kha IPC, police station- Sakeet, District Etah including chargesheet as well as entire criminal proceedings pending before the court below.
Counsel for the applicants has sought to assail the proceedings by referring to certain evidence and submitting that the allegations in the FIR are malicious and that a different version has come up during the course of investigation.
Learned AGA-I submits that the statement of witnesses, which are sought to be relied upon by the learned counsel for the applicant, cannot be said to be totally at variance from the FIR version. He submits that moreover the contention, which is sought to be raised, would relate to disputed questions of fact and would require appreciation of evidence which cannot be done at this stage of the proceedings, in exercise of jurisdiction under Section 482 Cr.P.C.
Learned counsel for the applicant has not disputed the aforesaid legal position and fairly submits that he does not with to press the reliefs, as prayed for in the application.
Learned counsel states that applications would submit to the jurisdiction of the court below and seek bail.
Needless to say that in case any such application for bail is moved by the applicants, the court below is expected to dispose of the same in accordance with law.
Subject to aforesaid observation the application stands dismissed.
Order Date :- 30.7.2021 Nitendra (Dr. Y.K. Srivastava, J.)