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2015 Supreme(All) 1771

KARUNA NAND BAJPAYEE
Ashwani Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Mukesh Kumar Maurya and Ajay Kumar Srivastava.
For the Respondents:Govt. Advocate.

JUDGMENT

Karuna Nand Bajpayee, J.

1. This application under Section 4 82 Cr.P.C. has been filed seeking the quashing of entire proceedings including the summoning order dated 13.3.2014 of complaint case No. 117 of 2013, u/s. 498-A, 406, 323, 504, 506 I.P.C. and Section 3 /4 D.P. Act, P.S. Dannahaar, district Mainpuri, pending in the court of Addl. C.J.M. IInd, Mainpuri.

2. Heard applicants' counsel and learned AGA.

3. Entire record has been perused.

4. All the contentions raised by the applicants' 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 learned 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 applicants' 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 ca

































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