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2013 Supreme(All) 2416

KARUNA NAND BAJPAYEE
Grish Chand and 2 Ors. – Appellant
Versus
State of U. P. and Another – Respondent


Advocates:
Counsel for Applicant :- Ravi Prakash Srivastava
Counsel for Opposite Party :- Govt. Advocate

Karuna Nand Bajpayee, J.;—

This application u/s 482 Cr.P.C. has been filed for quashing the entire criminal proceeding of complaint case no.1591 of 2012, Shyama Devi Vs. Grish Chand and others, under Sections 323,452, 354,504,506 I.P.C., P.S. Jaithra, district Etah, pending in the court of ACJM, Court no.17, Etah along with impugned summoning order dated 21.3.2013 passed by ACJM, Court no.17, Etah.

2. Heard learned counsel for the applicants and learned AGA.

3. The submissions made by the learned counsel for the applicants involve several intricate factual details and many disputed questions of fact related to the case. False implication due to malafide intention has been pleaded. By invoking the inherent jurisdiction of this court the applicants cannot persuade the court to have a pre trial before the actual trial begins. The submissions made by the learned counsel for the applicants call for adjudication on pure questions of fact and while doing so even the submissions made on points of law can also be appropriately gone into by the trial court in this case.

4. The quashing of the complaint can also be done only if it does not disclose any offence or if there is any legal bar which p









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