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2013 Supreme(All) 2602

SHASHI KANT GUPTA
Amarjeet Singh – Appellant
Versus
State of U. P. and Another – Respondent


Advocates:
For Appellant/Petitioner/Plaintiff: Sanjay Singh
For Respondents/Defendant:Govt. Advocate

Shashi Kant Gupta, J.;—

1. Appearance slip of Sri Imran Ullah, learned counsel, filed today on behalf of opposite party no. 2, is taken on record. This application u/s. 482 Cr.P.C. has been filed for quashing the summoning order dated 11.05.2012 passed by learned Additional Chief Judicial Magistrate, Court Room No. (5), Aligarh, in Complaint Case No. 4558 of 2011, u/s. 138 of N.I. Act, P.S. Civil Line, District Aligarh, pending in the court of learned Additional Chief Judicial Magistrate, Court Room No. (5), Aligarh.

2. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record

3. The submissions made by the learned counsel for the applicant involve several intricate factual details and many disputed questions of fact related to the case. False implication due to malafide intention has been pleaded.

4. 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 applicant 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









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