Allahabad High Court
Kamal Narayan Singh vs State Of U.P. And Another on 22 November, 2022
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 87 Case :- APPLICATION U/S 482 No. - 38200 of 2022 Applicant :- Kamal Narayan Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,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 praying for directing Additional Chief Judicial Magistrate, Court No.3, Gautam Budh Nagar to recall/cancel the order of Non Bailable Warrant dated 02.03.1998 in Case No. 7621 of 2011 (State Vs. Prahlad Singh and Another), arising out of Case Crime No. 28 of 1992, under Sections- 304A, 506 I.P.C., Police Station- Noida Phase-II, District- Gautam Budh 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 praying for quashing of impugned order. The prayer praying for quashing of 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 three weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.
For a period of three weeks from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
The present application stands disposed of.
Order Date :- 22.11.2022 Md Faisal