Shyam Singh vs State Of U.P. And Anr.
2015 Latest Caselaw 2639 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 28893 of 2015
 
Applicant :- Shyam Singh
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- Rajesh Kumar Srivastava,Prem Chand Dwivedi
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Rajesh Kumar Srivastava, learned counsel for the applicant, and Sri Manish Deo, learned A.G.A. appearing for the State, and perused the record.

By means of present 482 Cr.P.C. application, the applicant has prayed for quashing the non-bailable-warrant dated 28.04.2015, issued against the applicant in Case No. 725 of 2011, arising out of Case Crime No. 498 of 2010, under Sections 420, 467, 468, 471, 147, 148, 149, 323, 504, 506, 448, IPC, Police Station New Agra, District Agra (State Vs. Shyam Singh), pending in the Court of CJM, Agra. He further prayed for stay the further proceeding of the aforesaid case.

The contention of learned 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 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.

The prayer for quashing the proceedings of the aforesaid case as well as the non-bailable-warrant issued against the applicant, is hereby refused.

However, it is directed that in case the applicant appears and surrender before the court below within three weeks from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

For a period of three weeks from today, non-bailable-warrant issued against the applicant shall be kept in abeyance.

However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.

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

Order Date :- 24.9.2015

VKG