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2015 Supreme(All) 2363

KARUNA NAND BAJPAYEE
Kripa @ Harivansh Yadav – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Anand Kumar Tiwari.
For the Respondent:Govt. Advocate.

JUDGMENT

Karuna Nand Bajpayee, J.

This application u/s 482 Cr.P.C. has been filed seeking the quashing of entire proceedings of Case No.1972 of 2012 (State vs. Kripa @ Harivansh Yadav and others) arising out of Case Crime No.179 of 2012, u/s 147, 323, 452, 504, 506, 325, 427 I.P.C., Police Station-Mirzamurad, District-Varanasi pending in the Court of Additional Chief Judicial Magistrate-Xth, Varanasi.

2. Heard applicants' counsel and learned A.G.A.

Entire record has been perused.

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.

3. 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
































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