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2015 Supreme(All) 1747

KARUNA NAND BAJPAYEE
Govind Tiwari – Appellant
Versus
State of U. P. Thru Secy. – Respondent


Advocates Appeared:
For the Petitioner: Arun Kumar Tiwari.
For the Respondents:Govt. Advocate.

JUDGMENT

Karuna Nand Bajpayee, J.

This writ petition has been filed seeking the quashing of the summoning order dated 02.11.2013 passed by the Metropolitan Magistrate, Court No.4, Kanpur Nagar in Complaint Case No.266 of 2013 (Smt. Seema Tiwari vs. Govind Tiwari) u/s 498A I.P.C. & 3/4 D.P. Act and the revisional order dated 17.11.2014 passed by the Additional Sessions Judge, Court No.9, Kanpur Nagar.

2. Heard petitioners' counsel as well as learned A.G.A.

Entire record has been perused.

All the contentions raised by the petitioners' counsel relate to disputed questions of fact. The court has also been called upon to adjudge the testimonial worth of prosecution evidence and evaluate the same on the basis of various intricacies of factual details which have been touched upon by the counsel. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded. The submissions made by the petitioners' counsel call for adjudication on pure questions of fact which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into


































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