Court No. - 53
Case :- APPLICATION U/S 482 No. - 2123 of 2019 Applicant :- Tanuj Gupta Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Prabhakar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of case crime no. 187 of 2018 under Sections 376, 506 IPC and Section 3/4 POCSO Act, Police Station Line Bazar, District Jaunpur pending before Additional Sessions Judge-I, Jaunpur and further to quash the charge sheet dated 21.5.2018.
Learned counsel for the applicant contended that on the date and time of alleged offence, applicant was not on the spot but was at Habib Hospital, Kheta Sarai, Jaunpur.
Learned A.G.A., contended that there is no illegality or infirmity in filing of the charge- sheet.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All 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.
After investigation, police has submitted chargesheet. The prayer for quashing the entire proceedings in the aforesaid case is refused.
Accordingly, this application under 482 Cr.P.C., is dismissed. Order Date :- 21.1.2019 Jaswant