SUNITA Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS application under Section 482 Cr.P.C. has been filed seeking the quashing of impugned proceeding of complaint case No. 201 of 2012 (Manoj Kumar Pandey v. Smt. Sunita @ Sona) u/s. 406 I.P.C., P.S. Kotwali, district Etawah, pending in the court A.C.J.M., Court No. 5, Etawah.

(2.) HEARD applicants' counsel and learned AGA.

(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.