Akhtar Khan @ Bhagarra vs State Of U.P. And Another
2014 Latest Caselaw 2364 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- APPLICATION U/S 482 No. - 21797 of 2014
 

 
Applicant :- Akhtar Khan @ Bhagarra
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Sanjay Mishra
 
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 21.10.2010 passed by learned Judicial Magistrate, Court No.4, Aligarh passed in Criminal Case No. 134 of 2006 (State Vs. Akhtar @ Bhagarra), under Sections 452, 506 I.P.C., P.S. Civil Lines, District Aligarh, whereby non bailable warrant has been issued against the applicant.

The contention of the counsel for the applicants 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 on or before 27.7.2014 along with an application for recall of the order of NBW, his application shall be considered and disposed of on the same day. Till then no coercive action be taken against the applicant.

With the aforesaid directions, this application is disposed off.

Order Date :- 1.7.2014

Kuldeep/