Madhukar Saraswat vs State Of U.P. And Another
2015 Latest Caselaw 1872 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 24380 of 2015
 

 
Applicant :- Madhukar Saraswat
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Kashi Naresh Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Pankaj Naqvi,J.

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

The present application under Section 482 Cr.P.C. has been filed for quashing the Non-Bailable Warrant dated 14.07.2015 in Case No.425 of 2010 under Section 498A, 504, 506 I.P.C. P.S. Iglas, Disrict Aligarh pending in the court of Judicial Magistrate Iglas Aligarh.

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 materials on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.

The payer claimed is refused. The application is dismissed.

However, if applicant surrenders/ applies for bail before the court below within 30 days, his bail application shall be disposed of as expeditiously as possible, in accordance with law.

Order Date :- 19.8.2015

NLY