Court No. - 52
Case :- APPLICATION U/S 482 No. - 10191 of 2018 Applicant :- Rahul Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
This application u/s 482 Cr.P.C. has been filed for quashing of Non-Bailable Warrant issued against the applicant on 2.1.2017 in G.S.T. No. 217/2009 arising out of Crime No. 628/2008, under Section 2/3 U.P. Gangster Act of Police Station Jagdishpura, District Agra, State Vs. Rahul and another, pending in the court of Special Judge (Gangster Act), Agra.
Heard learned counsel for the applicant and learned A.G.A.
The contention of the counsel for the applicants 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. He pointed out certain documents and statements in support of his contention.
The prayer for quashing the order impugned is refused.
However, it is provided that if the applicant files an application for recalling of the non-bailable-warrant issued against them within three weeks from today, the said application may be considered and disposed as expeditiously as possible, in accordance with law or in case, the applicant appears and surrenders before the court below within three weeks from today and applies for bail, his prayer for bail may be considered and decided expeditiously in accordance with law.
For a period of three weeks from today no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 29.3.2018 Ram Murti