Jai Prakash Yadav vs State Of U.P. And Anr.
2012 Latest Caselaw 5105 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- APPLICATION U/S 482 No. - 33901 of 2012
 

 
Petitioner :- Jai Prakash Yadav
 
Respondent :- State Of U.P. And Anr.
 
Petitioner Counsel :- Ram Krishna Yadav,Shiv Kumar Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Sunil Hali,J.

Heard learned counsel for the applicant and the learned AGA.

The present application has been filed with a prayer to quash the charge sheet dated 13.9.20121 arising out of case crime no.89 of 2011, under Sections 363, 366 IPC, Police Station Belghat, District Gorakhpur, pending in the Court of Judicial Magistrate-II, Gorakhpur.

It is contended by learned counsel for the applicants that the allegations made against the applicants are false and frivolous, which have been made for the purpose of harassment, therefore, the charges sheet pending against the applicants may be quashed.

In reply to the above, it is submitted by the learned AGA that the Court concerned has taken cognizance after considering the entire material on record and the only remedy available to the applicants by way moving an application for discharge before the concerned Court. All the submissions made at the bar relate to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. The defence of the accused cannot be considered at this stage. It is further submitted that applicant have statutory right to appear before the Court below and to argue on the discharge application.

In view of above, application fails and is hereby dismissed.

Order Date :- 12.10.2012

Hasnain