Dharamveer Singh vs. State Of U.P.
Held
The Court refused to quash the impugned order (Non-Bailable Warrant) at this stage. It reasoned that the arguments raised by the applicant involved factual disputes and required an appraisal of evidence, which is not suitable for determination in a Section 482 Cr.P.C. application. However, considering the nature of the alleged offense and the facts and circumstances presented, the Court directed that if the applicant appears and surrenders before the court below within 45 days from the date of the order and applies for bail, his bail application shall be considered and decided in accordance with law. The Non-Bailable Warrant issued against the applicant was ordered to be kept in abeyance for a period of 45 days. The application was disposed of with these directions.
Facts
The applicant, Dharamveer Singh, filed an application under Section 482 of the Cr.P.C. seeking to quash a Non-Bailable Warrant dated January 12, 2023. This warrant was issued in GST No. 114 of 2010 (State vs. Dharamveer), which arose from Case Crime No. 97 of 1993, under Section 2/3 of the Gangsters Act, registered at Police Station Pisawa, District Aligarh. The applicant contended that no offense was disclosed against him and that the prosecution was initiated with malafide intention to cause harassment, supporting this with certain documents and statements. The State was represented by the learned A.G.A.
Key Issues
1. Whether the present prosecution, arising from Case Crime No. 97 of 1993 under Section 2/3 of the Gangsters Act, has been instituted with a malafide intention to cause harassment to the applicant, thereby warranting quashing of the Non-Bailable Warrant dated January 12, 2023, under Section 482 Cr.P.C.? Contentions: Petitioner/Applicant (Dharamveer Singh): Argued that no offense is disclosed against him and the prosecution is malafide, intended solely for harassment. Relied on certain documents and statements to support this claim. Revenue/State: The judgment does not record any specific arguments made by the State.
Sections Cited
Section 482
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2023:AHC:148405 Court No. - 87 Case :- APPLICATION U/S 482 No. - 16379 of 2023 Applicant :- Dharamveer Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Nasiruzzaman,Mohit Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J. of Case Crime No. 97 of 1993, under Section 2/3 of Gangsters Act, Police Station- Pisawa, District- Aligarh.
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 praying for quashing of impugned order. The prayer praying for quashing of same is hereby refused, at this stage as the argument raised by learned
The judgment continues below.
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