HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 31141 of 2019 Applicant :- [ENTITY] Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- [ENTITY] Counsel for Opposite Party :- G.A. Hon'ble [ENTITY],J.
Heard Sri [ENTITY], learned counsel for the applicant and Sri [ENTITY], learned AGA for the State.
This application has been filed under [SECTION] [ACT] with prayer seeking stay/quashing of entire proceedings of [PRECEDENT] out of Charge Sheet dated 7.7.2017 submitted in [CASE NUMBER], under sections [SECTION], [SECTION] [ACT] and [SECTION] of [ACT], Police Station- Surajpur, District Gautam Budh Nagar, pending in the court of [ENTITY], as well as the order of Non-Bailable Warrant dated 6.7.2019 passed by the A.C.J.M.-II, Gautam Budh Nagar in the said 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 purpose 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] [ACT]. At this stage only prime facie case is to be seen in the light of the law laid down by Supreme Court in cases of [PRECEDENT], [PRECEDENT], [PRECEDENT] and lastly [PRECEDENT]
The prayer for quashing the proceedings of the aforesaid case as well as non-bailable warrant order pending before the court concerned is refused.
However, it is provided that if the applicant files an application for recalling of the non-bailable warrant issued against him within 30 days from today, the said application may be considered and disposed off as expeditiously as possible, in accordance with law or in case, the applicant appears and surrenders before the court below within 30 days from today and applies for bail the court below shall consider and decide the bail prayer of applicant in view of the settled law laid by this Court in the case of [PRECEDENT], as well as judgement passed by Hon'ble Apex Court in the case of [PRECEDENT].
For a period of 30 days from today or till disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant.
However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the above directions, present application is disposed of.
Order Date :- 13.8.2019 ssm