Hon’ble Allahabad High Court has disposed an appeal here on 16-01-2019 stating that if the appeal is made on the basis of the disputed questions of facts, it cannot be adjudged under Sec. 482 of the Code of Criminal Procedure, 1973.

The above decision was given in the case of Ashok and Others v. State of U.P And Another in which hon’ble court declared that in such matters the remedy will be available under other sections such as right to discharge under sec 239 or 227/228 of Cr.P.C. but not under Section 482.

BRIEF FACTS OF THE CASE

The applicant (Ashok) filed the present appeal under Section 482 of the Code of Criminal Procedure, 1973 for the quashing of the complain case No- 6446 of 2008 (Mohan v. Ashok & Ors.), in which he was summoned under Sections 323/504 & 506 of Indian Penal Code and Section 3(1)X of SC/ST Act.

The Applicant counsel relied on the fact that the incident was of 27.07.2008 and for the first time, complaint has been filed on 08.8.2008 with no injury report. Hence, the case is falsely done with malafide intention.

DECISION OF THE COURT

Hon’ble High Court held that all the submissions made at the bar relate to the disputed questions of facts, which cannot be adjudicated upon by this court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen.

Court further held that the disputed defense of the accused cannot be considered at this stage, leading to the disposal of the petition.

Read the full Judgement Here:

http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=6920193