Court No. - 15
Case :- APPLICATION U/S 482 No. - 43164 of 2018 Applicant :- Abid Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Niraj Kumar Tiwari,Nanda Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application u/s 482 Cr.P.C., has been filed by the applicant with the prayer to quash the entire criminal proceedings of Case No. 76 0f 2018 (State of U.P. Vs. Abid) pending in the court of Civil Judge (Senior Division)/FTC, Bijnor as well as non bailable warrant dated 9.1.2018 and chargesheet dated 23.5.2017 arising out of Case Crime No. 87 of 2017 under Sections 376, 452, 506 IPC, Police Station Nagina Dehat, District Bijnor.
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 purposes of harassment.
Learned A.G.A., contended that there is no illegality in issuance of non bailable warrant by the trial court.
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 482 Cr.P.C.
In view of the above, the prayer for quashing the proceedings of the aforesaid case is refused.
However, it is directed that in case the applicant appears and surrenders before the court below and apply for bail, his prayer for bail shall be considered and decided expeditiously.
For a period of 30 days from today, no coercive action shall be taken against applicant.
With the above directions, this application u/s 482 Cr.P.C., is disposed of. Order Date :- 30.11.2018 Jaswant