Disposed

Kamta Singh and 2 Others v. State of U.P. and Another

Allahabad HC10 Feb 2023A482/4286/2023

Case brief

AI extract

What is this about?

The High Court refused to quash the order for issuance of Non-Bailable Warrant in the exercise of powers under Section 482 Cr.P.C., citing the presence of factual disputes. However, it directed the applicants to surrender within six weeks and prohibited their arrest for four days, while directing expeditious disposal of their bail application.

What did the court decide?

Applicants directed to surrender within six weeks; non-arrest for four days; bail application to be disposed expeditiously.

Kamta Singh and 2 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 4286 of 2023

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Applicant :- Kamta Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhijit Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicants 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 orders issuing Non-Bailable Warrant including the proceedings intiated under Sections 82 and 83 Cr.P.C. in G.S. Trial No. 310 of 2012 (State Vs. Kamta & Others) arising out of Case Crime No. 254 of 2003, under Sections 147, 148, 149, 307 I.P.C. and Sections 2/3 Gangster Act, Police Station Ghirore, District-Mainpuri pending in the Court of Fast Track Court No.1, Mainpuri.

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Learned counsel for the applicants further submits that after submission of the charge-sheet and passing the cognizance taking order, on various dates, the applicants 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 applicants shall surrender before the concerned court below within six weeks from today and in case they apply for bail, the bail application of the applicants 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 four weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they 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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(Shiv Shanker Prasad, J.)

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Order Date :- 10.2.2023

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Sushil/-

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

Kamta Singh and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Kamta Singh and 2 Others v. State of U.P. and Another

Case brief

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