Criminal Misc. Recall/Restoration Application No. 16504 of 2018 in Case :- APPLICATION U/S 482 No. - 64 of 2006 Applicant :- Shyoraj Singh Opposite Party :- State Of U.P. & Another Counsel for Applicant :- N.S. Chahar Counsel for Opposite Party :- Govt. Advocate
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the parties.
Cause shown for delay in filing the application is sufficient and the same is condoned.
Cause shown for non-appearance is sufficient.
The restoration application is allowed. The order dated 6.1.2017 is recalled and the application stands restored to its original number.
Order Date :- 27.2.2018 Prakhar .
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Case :- APPLICATION U/S 482 No. - 64 of 2006 Applicant :- Shyoraj Singh Opposite Party :- State Of U.P. & Another Counsel for Applicant :- N.S. Chahar Counsel for Opposite Party :- Govt. Advocate
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record of the case.
This application under section 482 Cr.P.C. has been filed for quashing the proceedings of Case No. 1095 of 2005 (State Vs. Shyoraj Singh), arising out of Case Crime No. 178 of 2001, under Section 420, 463 to 468 I.P.C., P.S. Sakeet, District Etah, pending in the court of Judicial Magistrate, Etah.
From the perusal, it appears that on the basis of material collected by the I.O., the prima facie offence is made out, therefore, there is no illegality in filing the charge-sheet. Most of the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this court under Section 482 Cr.P.C. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice.
Accordingly, prayer of the applicant is refused.
However, in view of the submissions, considering the facts and circumstances of the case, it is also provided that in case the applicant moves an application for discharge through counsel within two weeks, the same shall be disposed of by the trial court by a speaking order in accordance with law within two weeks thereafter.
For a period of four weeks or till the disposal of application, which ever is earlier, no coercive action be taken against the applicant.
With the aforesaid direction, this application is disposed of.
Order Date :- 27.2.2018 Prakhar