In this Section 482 Cr.P.C. application, the court refused to quash non-bailable warrant and proceedings, noting factual disputes. However, it directed surrender for bail consideration and suspended the warrant.
Non-bailable warrant to be kept in abeyance for three weeks; surrender for bail to be considered within two weeks.
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. - 85
Case :- APPLICATION U/S 482 No. - 10986 of 2021
Applicant :- Rajnesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ziya Uddin Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing of non bailable warrant dated 15.01.2021 as well as the entire proceedings of S.S.T. No. 56/2008 (State Vs. Rajnesh and others), arising out of Case Crime No. 146A of 2006, under Sections- 395, 397 I.P.C., Police Station- Sirsaganj, DistrictFirozabad, pending in the court of Additional Sessions Judge, Court No.6, Firozabad.
The contention of learned 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 purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case praying for quashing of impugned order. The prayer praying for quashing of same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicant appears and surrenders before the court below within two weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.
For a period of three weeks from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
The present application stands disposed of .
Order Date :- 27.7.2021 shiv
1 issue framed by the court
Whether the present proceedings should be quashed under Section 482 Cr.P.C. on the ground of malafide intention and harassment.
1 provisions across 1 enactments
Rajnesh
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
