Manjoor Alias Majju vs State Of U.P. And Another
2014 Latest Caselaw 4884 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- APPLICATION U/S 482 No. - 33687 of 2014
 

 
Applicant :- Manjoor Alias Majju
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Salma Bano,Ashok Kumar Srivastava
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Vipin Sinha,J.

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

The present application has been filed for quashing the order dated  03.03.2014 passed by learned A.C.J.M, 6th, Varanasi  in Case No. 2961 of 2012, Case Crime  No. 127 of 2005, under Section 406 IPC, P.S. Dashashmedh, District Varanasi whereby non bailable warrant has been issued against the applicant.

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 malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.

All the submission made at the bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only a prima facie case is to be seen.

The prayer for quashing the order impugned is refused.

However, it is provided that if the applicant appears before the court below within a period of one month from today with an application for recall of the order of NBW, his application shall be considered and disposed of, if possible on the same day in accordance with law. Till such time that the said application is disposed off,  no coercive action be taken against the applicant. It is further directed that in case the applicant does not appear before the court below within the said period, coercive action shall be taken against the applicant for ensuring his presence.

With the aforesaid directions, this application is disposed off.

Order Date :- 25.8.2014

Ajay