Court No. - 49
Case :- APPLICATION U/S 482 No. - 10267 of 2018
Applicant :- Santosh Kumar And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Naseem Rufi Q Alrafio B.M. Mugaanii,Shikha Singh
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants 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 27.02.2018 in Case No.2777 of 2012 arising out of Case Crime No. C-40 of 2008, under Sections- 419, 420, 406, 323, 504, 506 I.P.C. and 3(i) (X) SC/ST Act, Police Station- Kotwali, District- Mainpuri.
Learned counsel for the applicants submits that by an earlier order of this Court dated 08.03.2011, the applicant had applied for discharge, which has been rejected on the ground of maintainability. Subsequently, non bailable warrant was issued against the applicants. The contention of learned counsel for the applicant 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 30 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 30 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 :- 29.3.2018 Lbm/-