Disposed

Rahisho @ Rais Khan v. State of U.P. and Another

Allahabad HC1 May 2023A482/12121/2023

Case brief

AI extract

What is this about?

In this quashing application, the high court refused to quash the impugned order or criminal proceedings, holding that factual disputes precluded such relief. However, the court directed the applicant to surrender for bail within two weeks and kept the non-bailable warrant in abeyance pending his appearance.

What did the court decide?

Prayer for quashing refused; applicant directed to surrender for bail within two weeks; non-bailable warrant kept in abeyance.

Rahisho @ Rais Khan Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 12121 of 2023

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Applicant :- Rahisho @ Rais Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Anand Kumar Tiwari, learned counsel for the applicant and Amit Singh Chauhan, learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the order dated 29.09.2018 as well as non-bailable warrants issued against the applicants in Case No. 83 of 2014 (State Vs. Imran and others), arsing out of Case Crime No. 563 of 2012, under Sections 147, 336, 504, 506 I.P.C. and Section 7 Criminal Law (Amendment) Act, Police Station- Shahganj, District Agra, pending in the court of Special Chief Judicial Magistrate, Agra.

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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.

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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 praying for quashing of impugned order and entire proceedings of criminal case. 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.

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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 if the applicant appear and surrender before the court below within two weeks from today and apply for bail, his prayer for bail shall be considered and decided in accordance with law.

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For a period of two weeks from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.

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The present application stands disposed of .

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Order Date :- 1.5.2023 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Rahisho @ Rais Khan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rahisho @ Rais Khan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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