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2013 Supreme(All) 2587

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


Advocates:
For Appellant/Petitioner/Plaintiff: R.K. Shukla , Ajay Kumar
For Respondents/Defendant:Govt. Advocate

Shashi Kant Gupta, J.;—

1. Appearance slip of Sri Yogesh Kumar Srivastava, learned counsel filed today on behalf of complainant, is taken on record. This application u/s. 482 Cr. P.C. has been filed for quashing the summoning order dated 03.08.2013 passed by learned Judicial Magistrate-Ist, Buland Shahar, in Complaint Case No. 453 of 2013, u/s. 323, 354, 504 and 506 I.P.C., P.S. Aurangabad District Buland Shahar pending in the court of learned Judicial Magistrate-Ist, Buland Shahar.

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

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.

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 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.

5. The








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