SHIV RAM YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This application u/s. 482 Cr.P.C. has been filed for quashing the proceeding of Criminal Case No. 7035 of 2010, u/s. 426, 447, 434, 420 I.P.C. Police Station-Vijay Nagar, District Ghaziabad pending in the Court of Additional Chief Judicial Magistrate, Court No. 2, Ghaziabad. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

(2.) The submissions made by the learned counsel for the applicants involve several intricate factual details and many disputed questions of fact related to the case. False implication due to malafide intention has been pleaded.

(3.) The law regarding the sufficiency of the 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 the case. It is also not advisable to adjudge whether the case shall ultimately end in conviction or not. Only a prima facie satisfaction of the court about the existence of sufficient ground to proceed in the matter is required.