This was an application under Section 482 CrPC seeking quashing of process due to alleged malafide prosecution. The court refused quashing as it raised factual disputes but directed bail consideration upon appearance and kept the NBW in abeyance for three weeks.
Quashing refused; appearance required for bail consideration; NBW kept in abeyance for three weeks.
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Court No. - 77
Case :- APPLICATION U/S 482 No. - 18405 of 2021
Applicant :- Afjal Opposite Party :- State of U.P. Counsel for Applicant :- Uday Bhan Mishra 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 summoning order dated 9.3.2016 as well as NBW dated 9.62017 passed in S.T. No. 232 of 2016 (State Vs. Afjal) arising out of Case Crime NO. 466 of 2013, under section 302, 34 IPC, P.S. Kharkhauda, District Meerut pending in the court of Addl. District and Sessions Jude, Court No. 17, Meerut.
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 :- 1.12.2021
RPD
2 issues framed by the court
Whether the application for quashing the summoning order and NBW under Section 482 CrPC is maintainable.
Whether the alleged malafide intent and harassment justify quashing of criminal proceedings.
1 provisions across 1 enactments
Afjal
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
