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2015 Supreme(All) 1786

KARUNA NAND BAJPAYEE
Aleem Husain – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Manoj Kumar Rai.
For the Respondents:Govt. Advocate.

JUDGMENT

Karuna Nand Bajpayee, J.

1. This application under Section 482 Cr.P.C. has been filed seeking the quashing of impugned order dated 26.4.2014 as well as entire proceeding in Complaint Case No. 11514 of 2013 Smt. Azmera v. Aleem Husain and others u/s. 354, 452, 323, 506 IPC P.S. Mandi, District Saharanpur pending in the court of C.J.M. Saharanpur.

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.

5. The law regarding sufficiency of material which may justify the summoning of accused and also the court's decision to proceed against him in a given case is well settled. The court has to eschew itself from embarking upon a roving enquiry into the last details of the case. It is also not advisable to adju
































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