Karuna Nand Bajpayee, J. - (1.) This application under Section 482 Cr.P.C. has been filed seeking the quashing of impugned order dated 8.12.2010 passed by the Chief Judicial Magistrate, Basti as well as entire proceeding in Case No. 344 of 2010, under Sections 498A, 325, 323 and 504 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Lalganj, District Basti pending in the court of Chief Judicial Magistrate, Basti.
(2.) List has been revised. Despite repeated calls none has appeared on behalf of the applicants to press this application. None has appeared on behalf of opposite party no.2. Learned AGA is present. This application is of year 2011. In the wake of heavy pendency of cases in this Court where dockets are already bursting on their seams there is no justifiable reason to further procrastinate the matter. This Court, therefore, deems it fit to proceed in the matter on the basis of the record and with the assistance of the learned AGA representing the State.
(3.) The perusal of the grounds taken in the application, though not of much help, reveal that many of them 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 raised in the application on behalf of 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 pre-trial before the actual trial begins.;