Anuj Shipley vs State Of U.P. & Ors.
2019 Latest Caselaw 5793 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- U/S 482/378/407 No. - 4781 of 2019
 

 
Applicant :- Anuj Shipley
 
Opposite Party :- State Of U.P. & Ors.
 
Counsel for Applicant :- Dharamendra Kumar,Harish Chandra Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Chandra Dhari Singh,J.

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

The present application under Section 482 Cr.P.C. has been filed for quashing non-bailable warrant dated 28.08.2017 passed by ACJM, North Eastern Railway, Lucknow in Crime no.133 of 2013, under Sections 420 and 504 I.P.C., P.S. G.R.P. Charbagh, District Lucknow.

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. At last he submitted that the applicant is ready to appear before the court and to face the trial. He sought some time to surrender before the court below.

Considering the facts and circumstances of the case, I do not find any ground to quash NBW passed in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.

However, in the interest of justice, it is provided that if the applicant appears and surrenders before the court below within four weeks from today and applies for bail, then the bail application of the applicant 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 judgment 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 four weeks from today or till the disposal of the application for grant of bail whichever is earlier, non-bailable warrant dated 28.08.2017 passed by ACJM, North Eastern Railway, Lucknow in Crime no.133 of 2013, under Sections 420 and 504 I.P.C., P.S. G.R.P. Charbagh, District Lucknow shall be kept in abeyance.

However, in case, the applicant does not appear before the Court below within the aforesaid period, the court concerned may take appropriate step against the applicant.

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

Order Date :- 8.7.2019

Asha