Court No. - 72
Case :- APPLICATION U/S 482 No. - 29329 of 2019
Applicant :- Ram Sanwar Yadav
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the NBW order dated 21.2.2019 as well as the entire proceedings of Complaint Case No. 142 of 2017 (CNR No. UPSK040001097), Mines Inspector Vs. Ram Sanwar Yadav, under Section- 4/21 Mines and Minerals Act, 1957, Police Station- Mehndawal, District- Sant Kabir Nagar , pending in the court of Chief Judicial Magistrate, Sant Kabir Nagar.
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 purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
Having heard the learned counsel for the applicant 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 applicant 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 applicant appears and surrenders before the court below within 30 days from today and applies for bail, his 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 30 days from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
The present application stands disposed of. Order Date :- 30.7.2019 Noman