Chobe Singh vs. State Of U.P. And Another
Held
The Court found no illegality, impropriety, or incorrectness in the impugned order (the NBW dated January 9, 2017). It also concluded that there was no abuse of the court's process. Consequently, the prayer for quashing the NBW was refused. However, the applicant requested a direction for surrender and bail application. In light of this, the Court directed that if the accused surrenders and applies for bail within ten days from the order date (March 21, 2023), the bail application shall be considered and decided in accordance with the law. Furthermore, no coercive measures were to be taken against the accused during this ten-day period or until their appearance in the court below, whichever was earlier. The application was disposed of with these observations.
Facts
The applicant, Chobe Singh, filed an application under Section 482 of the Cr.P.C. seeking to quash a Non-Bailable Warrant (NBW) dated January 9, 2017. This NBW was issued by the Special Judge, Gangster Act, Agra, in GST No. 9 of 2016, which originated from case crime no. 129 of 2014 under Sections 2/3 of the U.P. Gangsters & Anti-Social Activities (Prevention) Act, registered at P.S. Nibohara, District Agra. The applicant contended that the NBW was illegal and an abuse of the court's process. The State of U.P. and another were the opposite parties. The High Court reviewed the record and the arguments presented.
Key Issues
1. Whether the Non-Bailable Warrant (NBW) dated January 9, 2017, issued by the Special Judge, Gangster Act, Agra, in GST No. 9 of 2016, arising out of case crime no. 129 of 2014 under Sections 2/3 of the U.P. Gangsters & Anti-Social Activities (Prevention) Act, is illegal, improper, incorrect, or an abuse of the court's process, warranting quashing under Section 482 Cr.P.C.? Petitioner's Contention: The applicant argued that the NBW was illegal and an abuse of the court's process, seeking its quashing. Revenue/State's Contention: The judgment records no specific argument from the opposite party (State of U.P. and Another) regarding the legality of the NBW. The learned AGA was heard, and the record was perused.
Sections Cited
Section 482
AI-generated summary — verify with the full judgment below
Court No. - 67 Case :- APPLICATION U/S 482 No. - 9250 of 2023 Applicant :- Chobe Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing the NBW dated 09.01.2017 passed by Special Judge, Gangser Act, Agra in GST No. 9 of 2016 arising out of case crime no. 129 of 2014 under Section 2/3 of U.P.Gangsters & Anti Social Activities (Prevention) Act, P.S. Nibohara, District Agra.
Heard counsel for the applicants as well as learned AGA and perused the record.
The Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned order is refused.
However, a request has been made that the accused wants to surrender in the court below and apply for bail and for that some protective direction may be issued.
In view of the facts and circumstances of the case it is directed that in case the accused persons surrender and apply for bail within t
The judgment continues below.
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