RAM ASHISH MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS application u/s. 482 Cr.P.C. has been filed seeking the quashing of the summoning order dated 13.5.2013 passed by learned J.M. -III, district Gorakhpur as well as entire proceeding of complaint case No. 230 of 2012, State v. Ram Ashish and others, u/s. 420 I.P.C., P.S. Khajni, district Gorakhpur.

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

(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 the learned 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 applicants' 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.