Dismissed

Amit Kumar Srivastava v. State of Up and Another

Allahabad HC11 Sept 2019A482/32755/2019

Case brief

AI extract

What is this about?

The High Court refused to quash a non-bailable warrant. It held that disputed questions of fact precluded quashing. The applicant was granted a 30-day locus standi through bail or surrender to challenge coercive action.

What did the court decide?

Order quashing the non-bailable warrant is refused. A 30-day stay on coercive action is granted if the applicant applies for bail or surrenders.

Amit Kumar Srivastava Vs State of Up and Another — Bail and Remand | Allahabad HC (2019)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 32755 of 2019

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Applicant :- Amit Kumar Srivastava Opposite Party :- State Of Up And Another Counsel for Applicant :- Sheetala Prasad Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. petition has been filed for quashing the nonbailable-warrant order dated 13.05.2019 passed by learned C.J.M., Sant Kabir Nagar in Criminal Case No. 2035 of 2017 arising out of Case Crime No. 330 of 2015 (State Vs. Shankar Yadav and others) under section 3/7 E.C. Act, Police Station Bakhira, District Sant Kabir Nagar pending before the court of C.J.M. Sant Kabir Nagar.

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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 order impugned 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 30 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 30 days from today and applies for bail, his prayer for bail may be considered and decided in

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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 30 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.

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With the aforesaid directions, this application is finally disposed off. Order Date :- 11.9.2019 Arti

Amit Kumar Srivastava v. State of Up and Another

Case brief

What is this about?

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Amit Kumar Srivastava v. State of Up and Another

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