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2015 Supreme(All) 1748

KARUNA NAND BAJPAYEE
Vijay Pal – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Manish Chandra 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 24.3.2012 and revisional order dated 25.9.2014 as well as the entire proceedings arising out of Complaint Case No. 340 of 2012 (Rajendra Singh vs. Vijay Pal and others) u/s 427 I.P.C., Police Station-Dilari, Moradabad.

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

Entire record has been perused.

2. 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 by the trial court in this case. This Court does not deem it proper


































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