Sohan Lal v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 37592 of 2023 Applicant :- Sohan Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State-opposite party and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 26.06.2023 passed by Chief Judicial Magistrate, Sonbhadra, in Criminal Case No. 1003 of 2014 (State versus Sohan Lal and others) arising out of case crime no. 845 of 2011 Under Sections 420, 467, 468, 471 I.P.C. P.S.- Robertsganj, District-Sonbhadra pending before Chief Judicial Magistrate, Sonbhadra.

¶3It is apparent from the contentions raised by the counsel for the applicant and also from the perusal of the grounds taken in the application that most of them are related to disputed questions of fact. All the pleas in defence which have been raised, both factual and legal, can be adequately gone into by the court below itself. The court below, which is seized with the matter, can more appropriately look into the same and adjudicate more appropriately upon them. There is no justification to pre-empt the regular proceedings by invoking the inherent jurisdiction of this court under section 482 of Cr.P.C. In any view of the matter, from the perusal of the record and the impugned proceedings, it is found that there is no such glaring abuse of court's process which may justify to make interference in the same.

¶4With the aforesaid observations, the application u/s 482 Cr.P.C. is dismissed. Order Date :- 2.12.2023 Nitika Sri. High Court of Judicature at Allahabad High Court of Judicature at Allahabad