Brijmohan and Anr. v. State of U.P. and Anr.
Case brief
What is this about?
The Court refused to quash an NBW order at this stage due to factual disputes but directed that the applicants be allowed to apply for bail if they surrender within 30 days. The NBW was kept in abeyance for the same period.
What did the court decide?
NBW kept in abeyance for 30 days; direction to consider bail if applicants surrender within that period.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 76
Case :- APPLICATION U/S 482 No. - 2044 of 2020
Applicant :- Brijmohan And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Akhilesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the NBW order dated 14.10.2019 passed by learned Additional District Judge, Court No.10, Kanpur Nagar in S.T. No.391 of 2018 (Sarkar Vs. Sanjay & others), arising out of Case Crime No.381 of 2016, under Sections 366, 354, 355, 506, 509, 342 IPC, Police Station Panki, District Kanpur Nagar.
The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
Having heard the learned counsel for the applicants and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage, as the argument raised by learned counsel for the applicants involves factual disputes and appraisal of evidence.
Issues for consideration
2 issues framed by the court
Whether the application under Section 482 Cr.P.C. to quash a non-bailable warrant order is maintainable at this stage.
Whether the applicants can be granted bail if they surrender within 30 days.
Parties & counsel
- applicant
Brijmohan And Anr
Coram
Manju Rani Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- A482/2044/2020
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