Karuna Nand Bajpayee, J. - (1.) This application u/s 482 Cr.P.C. has been filed seeking the quashing of the entire proceedings of Case No. 3988 of 2010, State vs. Nanhey Singh, under Sections 323, 504 I.P.C., P.S.- Gopiganj, District- Sant Ravi Das Nagar, Bhadohi? pending in the court of C.J.M., Bhadohi.
(2.) List has been revised. Despite repeated calls none has appeared on behalf of the applicants to press this application. Learned AGA is present. This application is of year 2011. The perusal of the record indicates that though the notice was issued to the opposite party no. 2 long back years but the same remained unserved so far. This Court has looked into the entire record of the case and it appears that the grounds indicated in the application are not such and the material is not of such nature that this application can be allowed and the proceedings can be quashed. In view of this matter, it will not be served any useful purpose to wait any further for the service of the notice on the opposite party no. 2 and 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.;