AAKASH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Vishwajeet Rai, learned counsel for the applicant and Ms. Nusrat Jahan, learned A.G.A. for the State and perused the record.

(2.) The instant application has been filed by the applicants with a prayer to quash the summoning order dtd. 18/4/2023 in Criminal Case No. 37491 of 2023, arising out of Case Crime No. 111 of 2023, under Ss. 147, 149, 323, 506 I.P.C., Police Station Thakurganj, District Lucknow.

(3.) 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 learned counsel. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded. In the process of invoking its inherent jurisdiction, this court cannot be persuaded to have a pre trial before the actual trial begins. The submissions made by the learned counsel call for adjudication on pure questions of fact which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case.