ASHOK KUMAR SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS writ petition has been filed seeking the quashing of the summoning order dated 6.10.2012 passed by learned Addl. Chief Judicial Magistrate, Court No. 4, Aligarh in complaint case No. 202 of 2011 (Faim Khan v. Ashok Kumar Sharma) whereby petitioner has been summoned u/s. 408 and 418 I.P.C. and revisional order dated 16.10.2014 passed by Addl. Sessions judge, Court No. 6, Aligarh in criminal revision No. 879 of 2012 (Ashok Kumar Sharma v. State of U.P. and others).

(2.) HEARD petitioner's counsel as well as learned A.G.A.

(3.) ALL the contentions raised by the petitioners' 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 the counsel. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded. The submissions made by the petitioners' 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. This Court does not deem it proper, and therefore cannot be persuaded to have a pre -trial before the actual trial begins.