Deepak vs. State Of U.P. And Another
Held
The Court refused to quash the impugned order (NBW and proceedings) at this stage. The reasoning was that the arguments raised by the applicant involved factual disputes and appraisal of evidence, which are not suitable for determination under Section 482 Cr.P.C. However, considering the nature of the alleged offense and the facts and circumstances, the Court directed that if the applicant appears and surrenders before the court below within 30 days from the order date and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid down in Amrawati and another Vs. State of U.P. and Lal Kamlendra Pratap Singh Vs. State of U.P. The non-bailable warrant was ordered to be kept in abeyance for a period of 30 days. The application was disposed of with these directions.
Facts
The applicant, Deepak, filed an application under Section 482 Cr.P.C. seeking to quash a non-bailable warrant (NBW) dated July 28, 2018, and the entire proceedings of GST No. 193 of 2010. This case arose from Case Crime No. 168 of 2009, under Section 2/3 of the Gangster Act, Police Station Sadar Bazar, District Mathura. The applicant contended that no offense was disclosed against him and that the prosecution was instituted with malafide intention to cause harassment, supported by certain documents and statements. The revenue or State was represented by the learned A.G.A.
Key Issues
1. Whether the proceedings of GST No. 193 of 2010, arising out of Case Crime No. 168 of 2009 under Section 2/3 Gangster Act, and the non-bailable warrant dated 28.07.2018, should be quashed on the ground that no offense is disclosed against the applicant and the prosecution is malafide, as per Section 482 Cr.P.C.? Petitioner's contention: The applicant argued that no offense is disclosed against him and the prosecution was instituted with malafide intention for harassment, relying on certain documents and statements. Revenue/State's contention: The State, through the learned A.G.A., did not present specific arguments on the merits of quashing the proceedings but was represented by counsel.
Sections Cited
Section 482 Cr.P.C.
AI-generated summary — verify with the full judgment below
Court No. - 49 Case :- APPLICATION U/S 482 No. - 29846 of 2018 Applicant :- Deepak Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the NBW order dated 28.07.2018 as well as the entire proceedings of GST No. 193 of 2010 (State Vs. Virendra @ Dinesh & Others), arising out of Case Crime No. 168 of 2009, under Section 2/3 Gangster Act, Police Station- Sadar Bazar, District- Mathura, pending in the court of Special Judge (Gangster Act)/Addl. Sessions Judge, Court No. 5, Mathura.
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 causing harassment. He pointed out certain documents and statements in support of his contention.
Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to
The judgment continues below.
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