Dismissed

Rizwan Ahmad v. State of Up and Another

Allahabad HC2 Nov 2018A482/36427/2018

Case brief

AI extract

What is this about?

This petition under Section 482 Cr.P.C. sought to quash criminal proceedings under the Drugs & Cosmetics Act. The High Court opined that disputed questions of fact could not be adjudicated at this stage. The application for quashing was refused, but the applicant was granted a 45-day respite from coercive action or surrender for bail consideration.

What did the court decide?

Application for quashing refused; no coercive action against the applicant for 45 days conditional on surrender or application for bail.

Rizwan Ahmad Vs State of Up and Another — Quashing and FIR | Allahabad HC (2018)

¶1

Court No. - 55 Case :- APPLICATION U/S 482 No. - 36427 of 2018 Applicant :- Rizwan Ahmad Opposite Party :- State Of Up And Another Counsel for Applicant :- Shibli Naseem Counsel for Opposite Party :- G.A.

¶2

Hon'ble Vivek Kumar Singh,J.

¶3

Heard Sri Shibli Naseem, learned counsel for the applicant and Sri Janeshwar Bankata, learned A.G.A. for the State.

¶4

The present 482 Cr.P.C. petition has been filed for quashing the entire proceedings of Special Trial/Session Case No. 07 of 2015 (State Vs. Mehtab Alam & others), under sections 27(B)(II) and 28A and 28B The Drugs & Cosmetics Act, 1940, Police Station - Kotwali, District Jaunpur including Summoning Order dated 07.08.2018 and order dated 05.09.2018 issuing non-bailable-warrant against the applicant passed by the Additional Sessions Judge, Court No. 3, Varanasi.

¶5

The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

¶6

All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage.

¶7

The prayer for quashing the order impugned is refused.

¶8

However, it is provided that if the applicant files an application for recalling of the non-bailable-warrant issued against him within 45 days from today, the said application may be considered and disposed as expeditiously as possible, in accordance with law or in case, the applicant appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail may be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 45 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

¶9

With the aforesaid directions, this application is finally disposed off. Order Date :- 2.11.2018/Arti

Rizwan Ahmad v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Rizwan Ahmad v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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