Court No. - 76
Case :- CRIMINAL REVISION No. - 4878 of 2019 Revisionist :- Amarnath Samvedi Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Bhavisya Sharma,Sarvesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard learned counsel for the revisionist and learned A.G.A. for the State.
2. The present revisionist has been filed by the revisionist with a prayer to quash the impugned order dated 27.11.2019 passed by Chief Judicial Magistrate, Kannauj in Criminal Case No. 2604 of 2016 (State vs. Amarnath Samvedi) arising out of Case Crime No. 696 of 2015 pending in the Court of Chief Judicial Magistrate, Kannauj.
3. The contention of learned counsel for the revisionist is that no offence against the revisionist 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.
4. Having heard the learned counsel for the revisionist and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage as the argument raised by learned counsel for the revisionist involves factual disputes and appraisal of evidence.
5. However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
6. For a period of 30 days from today, the non-bailable warrant issued against the revisionist shall be kept in abeyance.
7. The present revision stands disposed of. Order Date :- 20.12.2019 JK Yadav