Dismissed

Bhola v. State of Up

Allahabad HC7 Mar 2018A482/7447/2018

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What is this about?

This court dismissed an application for quashing a non-bailable warrant. The court held that disputed factual defenses fall outside its jurisdiction under Section 482 Cr.P.C. However, the applicant was granted a two-week reprieve from coercive action to file for recall or surrender for bail.

What did the court decide?

Petition for quashing dismissed; applicant granted two weeks to apply for recall of warrant or surrender for bail to avoid coercive action.

Bhola Vs State of Up — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 52 Case :- APPLICATION U/S 482 No. - 7447 of 2018 Applicant :- Bhola Opposite Party :- State Of Up Counsel for Applicant :- Saurabh Kumar,Saurabh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard learned counsel for the applicant and learned A.G.A. The present 482 Cr.P.C. petition has been filed for quashing the nonbailable-warrant order dated 25.5.2017 passed by Additional District Judge, Court No.10, Allahabad, in S.T. No.607 of 2005, (State Vs. Bhola) arising out of Case Crime No.130 of 2002, under Sections 4/5 Explosive Substance Act, Police Station Kotwali, Allahabad,

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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.

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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.

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The prayer for quashing the non bailable warrant order is refused.

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However, it is provided that if the applicant files an application for recalling of the non-bailable-warrant issued against him within two weeks from today, the said application shall 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 two weeks 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.

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For a period of two weeks 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.

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With the aforesaid directions, this application is finally disposed of.

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Order Date :- 7.3.2018 Hasnain

Bhola v. State of Up

Case brief

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Bhola v. State of Up

Case brief

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