Dinesh Ojha vs State Of U.P. And 3 Ors.
2014 Latest Caselaw 794 ALL

Citation : 2014 Latest Caselaw 794 ALL
Judgement Date : 10 April, 2014

Allahabad High Court

Dinesh Ojha vs State Of U.P. And 3 Ors. on 10 April, 2014

Bench: Bala Krishna Narayana




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- APPLICATION U/S 482 No. - 10284 of 2014
 

 
Applicant :- Dinesh Ojha
 
Opposite Party :- State Of U.P. And 3 Ors.
 
Counsel for Applicant :- Pradeep Kumar Chuahan
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bala Krishna Narayana,J.

Heard learned counsel the applicant and learned A.G.A.

The present 482 Cr.P.C. petition has been filed for quashing the order dated 25.06.2013 passed by learned Chief Judicial Magistrate, Allahabad in Case No. 80 of 2010, under Sections 147, 302, 201, 404,34, 419, 420, 467 and 471 IPC, Police Station Nawabganj, District Allahabad by which the learned Magistrate has issued non bailable warrants and process under Section 82 Cr.P.C. against the applicant for enforcing their appearance before the court after he fails to respond the summons and bailable warrant issued against him.

The contention of the 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 purposes of harassment. He pointed out certain documents and statements in support of his contention.

From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said no offence is made out against the applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case it to be seen.

The prayer for quashing the non bailable warrant order is refused.

However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, then his prayer for bail shall be considered and decided expeditiously in accordance with law after hearing public prosecutor.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 10.4.2014

Abhishek Sri.