LAJPAT Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under Sec. 482 Crimial P.C., 1973 has been filed seeking the quashing of charge sheet No. 01 dated 7.5.2016 in Case Crime No. 441 of 2015, under Sec. 420, 406, 504 , P.S. Khair, District Aligarh in Case No. 486 of 2016 (State Vs. Lajpatothers) pending in the court of Judicial Magistrate, Khair, Aligarh.

(2.) Heard learned counsel for the applicants, learned counsel for the opposite party No.2 and learned AGA. Perused the record.

(3.) All the contentions raised by the counsel for the applicants 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 on behalf of applicants. 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 learned counsel for the applicants 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 pretrial before the actual trial begins.