KUSUM DEVI Vs. STATE OF U.P.
LAWS(ALL)-2015-1-55
HIGH COURT OF ALLAHABAD
Decided on January 12,2015

KUSUM DEVI Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

Karuna Nand Bajpayee, J. - (1.) THIS application u/s. 482 Cr.P.C. has been filed seeking the quashing of the impugned order dated 9.9.2014 passed by Addl. Session Judge, Court No. 2, J.P. Nagar in criminal revision No. 99 of 2014 (Smt. Devendri v. State of U.P. and others) and order dated 7.11.2014 passed by Addl. C.J.M./Addl. Civil Judge (Senior Division) Amroha, arising out of criminal complaint case No. 1641 of 2013 (Smt. Devendri v. Naresh Kumar and others) u/s. 498 -A, 323, 504, I.P.C., P.S. Gajraula, district Amroha/J.P. Nagar.
(2.) HEARD applicants' counsel as well as learned A.G.A. Entire record has been perused.
(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.;


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