Allahabad High Court
Saqlain Sohraab vs State Of U.P. And Another on 5 October, 2023
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:191518 Court No. - 89 Case :- APPLICATION U/S 482 No. - 36737 of 2023 Applicant :- Saqlain Sohraab Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Krishna Roy,Prabal Pratap Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed for quashing the non-bailable-warrant order dated 14.10.2022 passed by the Additional Chief Judicial Magistrate, court no. 7, Allahabad in Case Crime No.118 of 2022, under Sections 143, 144, 145, 147, 148, 149, 153-A, 153-B, 295A, 201, 511, 307, 332, 333, 353, 395, 435, 436, 427, 504, 505 (2), 506, 120-B I.P.C. Section 3/4 of The Explosive Substance Act, 1908, Section 7 of Criminal Law Amendment Act, 1932, Section 83 of Juvenile Justice (Care and Protection of Children) Act, 2015, Section 3/4 of Prevention of Damages to Public Property Act, 1984, Police Station Khuldabad, District Prayagraj as well as to quash the proceedings of the aforesaid case.
3. 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.
4. 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 as well as proceedings. 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.
5. 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.
6. For a period of three weeks from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
7. The present application stands disposed of.
Order Date :- 5.10.2023 Meenu Singh