Harish Chandra vs. State Of U.P. And Another

Held

The Court noted that the applicant's counsel did not wish to press the relief of quashing the non-bailable warrant. Instead, the applicant indicated his willingness to appear before the trial court. Considering this, the Court provided a procedural direction. It was ordered that if the applicant appears before the trial court within 15 days from the date of the order and files an application for the recall of the warrant, that application shall be considered and disposed of expeditiously. Until the disposal of the applicant's motion to recall the warrant, no coercive steps are to be taken against him. The application was disposed of in terms of these observations.

Facts

The applicant, Harish Chandra, sought to quash a non-bailable warrant issued against him on April 2, 2019, by the learned A.S.J., Court No.6/Special Judge (Gangster Act), Agra. This warrant stemmed from GST proceedings (GST No. 34 of 2018) under Section 2/3 of the U.P. Gangster Act, originating from Case Crime No. 0764 of 2017 at Police Station Etmaddaula, District Agra. After initial arguments, the applicant's counsel stated that the applicant did not wish to press the relief of quashing the warrant. Instead, the applicant expressed readiness to appear before the trial court and requested protection.

Key Issues

1. Whether the non-bailable warrant issued against the applicant under the U.P. Gangster Act, arising from GST proceedings, should be quashed? (Question of law and fact, concerning the validity of the warrant and its nexus with GST matters). Contentions: Petitioner/Applicant: The applicant initially sought to quash the non-bailable warrant. However, the counsel later withdrew this prayer, stating the applicant's readiness to appear before the trial court and requesting protection. No specific legal arguments were advanced for quashing the warrant at the final stage. Revenue/State: The judgment records no specific arguments from the State or the Opposite Party.