Disposed

Dharmendra Gupta v. State of U.P and Another

Allahabad HC24 Mar 2023A482/11186/2022

Case brief

AI extract

What is this about?

The High Court refused to quash the impugned non-bailable warrant and session order in a cheating case, stating that factual disputes precluded quashing at this stage. However, it directed the applicant not to be arrested for 15 days while he surrenders to the court for bail.

What did the court decide?

Application to quash refused; directed non-arrest for 15 days pending surrender; bail application to be disposed expeditiously.

Dharmendra Gupta Vs State of U.P and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 11186 of 2022

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Applicant :- Dharmendra Gupta Opposite Party :- State Of U.P And Another Counsel for Applicant :- Hriday Raj Tripathi Counsel for Opposite Party :- G.A.,Ramanuj Tripathi

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicant, learned counsel for opposite party no.2 and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the order dated 28th October, 2021 passed by the Additional Chief Judicial Magistrate-II, Aligarh in Criminal Case No. 642 of 2020 (State of U.P. Vs. Dharmendra Gupta & Others), arising out of Case Crime No. 0188 of 2019, under Sections 420 and 406 I.P.C., Police Station-Chandaus, District-Aligarh as well as the order dated 22nd March, 2022 passed by the Sessions Judge, Aligarh in Criminal Revision No. 17 of 2022 (Dharmendra Gupta Vs. State of U.P. & Others).

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Learned counsel for the applicant further submits that after submission of the charge-sheet and passing the cognizance taking order, on various dates, the applicant appeared before the court below but due to some reasons, they could not appear before the court below, hence the impugned non-bailable warrants have been issued against them.

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4.The contention of learned counsel for the applicant 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.

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Having heard the learned counsel for the applicant 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 applicant involves factual disputes and appraisal of evidence.

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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 the applicant shall surrender before the concerned court below within 15 days from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and Another , reported in (2021) 10 SCC 773 .

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For the period of 15 days from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested in the above case.

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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 24.3.2023 Sushil/-

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Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad

Dharmendra Gupta v. State of U.P and Another

Case brief

What is this about?

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Dharmendra Gupta v. State of U.P and Another

Case brief

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