Court No. - 82

Case :- APPLICATION U/S 482 No. - 5310 of 2022

Applicant :- Aasif And 3 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Rajesh Kumar Shukla

Counsel for Opposite Party :- G.A.

Hon'ble Umesh Kumar,J.

I have heard learned counsel for the applicants as well as learned AGA and

have gone through the material available on record carefully

This application under Section 482 Cr.P.C. has been filed for quashing the

entire proceeding of Case No. 372 of 2020 (State Vs. Aasif and others) as

well as summoning order dated 07.08.2019, arising out of N.C.R. No. 11

of 2018, under Sections 323 & 504 IPC, Police Station- Gaura

Badshahpur, District- Jaunpur, pending in the Court of Gram Nyayalay,

Tehsil-Kerakat, Jaunpur. Further prayer to stay the further proceedings of

the aforesaid case has also been made.

From the perusal of the material on record and looking into the facts and

circumstances of the case, I am of the considered view that prima facie

cognizable case is made out against the applicants. All the submission

made at the Bar relates to the disputed question of fact, which cannot be

adjudicated upon by this Court under Section 482 CR.P.C. I do not find

any substance in the arguments advanced by learned counsel for the

applicant.

The impugned order reflects application of judicial mind. No interference

is required by this Court. Moreover, the applicants have got a right of

discharge through a proper application for the said purpose and they are

free to take all the submissions in the said discharge application before the

Trial Court.

Needless to state that in the eventuality of filing of any discharge

application by the applicants before the trial Court, it is expected from the

trial Court to decide the same expeditiously in accordance with law after

considering entire aspect of the matter.

It is made clear that this Court has not expressed any opinion on merits of

the case and the competent Court is to act in accordance with law.

With the above observation, this application stands disposed of

accordingly.

Order Date :- 10.3.2022

S.Verma

Digitally signed by SANDEEP

KUMAR VERMA

Date: 2022.03.11 10:01:20 IST

Reason:

Location: High Court of Judicature at

Allahabad