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Allahabad High Court · body

2014 DIGILAW 2808 (ALL)

Ghan Shyam Gautam v. State of U. P.

2014-09-10

RAJESH DAYAL KHARE

body2014
JUDGMENT Hon'ble Rajesh Dayal Khare, J. Criminal Misc. Modification Application No. 205047 of 2014 Heard learned counsel for the applicants and the learned A.G.A. 2. Present modification application has been filed for modification of the order dated 15.5.2014 passed by this Court. 3. Learned counsel for the applicant contends that the statement and evidence of the applicants raised in the petition has not been considered and even the fact that the impugned complaint is a counter blast to the first information report lodged by the applicants against the opposite party No. 2 has not been considered by this Court while passing the order dated 15.5.2014 as has been stated in paragraph-4 and 5 of the affidavit accompanying this application. 4. The submissions as made by the learned counsel for the applicants are basically factual in nature which can be well gone into by the trial court and the evidence which has been filed also cannot be considered by this Court in exercise of power conferred under Section 482 Cr.P.C. as the matter is factual in nature, therefore, order dated 15.5.2014 was passed for consideration of the bail prayer of the applicant and also liberty was granted for filing application for discharge, if so advised, wherein such questions could have been raised. 5. Accordingly, after hearing the learned counsel for the applicant, learned A.G.A. and after perusing the averments contained in this application, this Court is of the opinion that learned counsel for the applicants could not make out any good ground which may warrant interference by this Court for modification of the order dated 15.5.2014. The modification application is accordingly rejected.