Deshraj vs State Of U.P. And Another
2014 Latest Caselaw 3691 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- APPLICATION U/S 482 No. - 28275 of 2014
 

 
Applicant :- Deshraj
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Garun Pal Singh,Vikas Sharma
 
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 01.01.2014 passed by learned Additional District Judge, Court No. 5, Hathras in S.T. No. 326 of 2013 arising out of case crime no. 143 of 2013, under Sections 307, 504 I.P.C., P.S. Mursan, District Hathras 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 surrenders 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 surrender 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 :- 28.7.2014

Sandeep