Court No. - 49
Case :- APPLICATION U/S 482 No. - 18833 of 2018
Applicant :- Rakesh Kumar Pandey And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Atul Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Sri Arvind Agrawal, Advocate has filed his appearance slip on behalf of the opposite party no.2 today, which is taken on record.
Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A for the State.
This application under Section 482 Cr.P.C. has been filed to quash the Non Bailable Warrant dated 07.05.2017 and all consequential proceeding in Criminal Case No. 1178 of 2011 (C.C. No. 22/2011) under Sections-420, 468, 471, 120B I.P.C., Police Station- Line Pal, District- Firozabad, pending before the Addl. Chief Judicial Magistrate, Firozabad.
The contention of learned counsel for the applicants is that no offence against the applicants 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.
Having heard the learned counsel for the applicants 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 applicants involves factual disputes and appraisal of evidence.
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 45 days and no more 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.
For a period of 45 days and no more, from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
The present application stands disposed of. Order Date :- 28.5.2018 Lbm/-