Court No. - 81
Case :- APPLICATION U/S 482 No. - 14667 of 2021 Applicant :- Vijay Shankar Chaudhary @ Vijay Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kalp Nath,Vivekanand Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant and learned AGA for the State.
This application has been filed by the applicant with a prayer to quash the framing of charge dated 26.2.2020 passed by Additional Session Judge/Special Judge (EC Act), Judicial Court No.4, Mirzapur in Session Trial No.192 of 2019 (State Vs. Vijay Chaudhary and others), arising out of Case Crime No.122 of 2019, under Sections 498-A, 304-B, 302, 201 IPC and Section 3/4 D.P. Act, Police Station Ahraura, District Mirzapur.
So far as the case with regard to applicant is concerned, the counsel for the applicant has not been able to point out any such flaw or averment of veracity in the impugned order which may persuade this Court to interfere with the same. There is no illegality or any abuse of court of process reflected in the impugned order. The facts and circumstances of this case have been gone into by the court below. It is obvious from the perusal of the impugned order that what has been done by the court below, it is perfectly within the permissible legal ambit of his powers and there is nothing illegal about the same on the basis of which the impugned order may be castigated.
The court has also call upon to adjust the testimony worth of prosecution evidence of the same on the basis of various intricacy.The factual details which have been touch upon by the learned counsel for the applicant in the process of invoking inherent jurisdiction, this Court cannot be persuaded to have pre trial before the actual trial begins.
The submission made by learned counsel for the applicant call for adjudication on powers, question of fact, which may be adequately adjudicated only by the trial court and while doing so even the submission made on point of law can also not be properly gone into by the trial court in this case.
With the aforesaid observations, the instant application is rejected. Order Date :- 29.10.2021/Mini