Allahabad High Court
Narendra Kumar & Another vs State Of U.P. & Another on 16 June, 2010
Court No. - 5 Case :- APPLICATION U/S 482 No. - 20420 of 2010 Petitioner :- Narendra Kumar & Another Respondent :- State Of U.P. & Another Petitioner Counsel :- Rajendra Kumar Pandey Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel the applicants and learned A.G.A. for the State respondent The present 482 Cr.P.C. petition has been filed for quashing the order dated 16.2.2010 passed by Additional Sessions Judge/Fast Track Court No.1 District Ghaziabad issuing non-bailabal warrant against the applicants in S.T. No. 394 of 2009 (State Vs. Narendra and others) under sections 307 I.P.C. P.S. Sahibabad District Ghaziabad .
The contention of the 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 purposes of harassment. He pointed out certain documents and statements in support of his contention.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said no offence is made out against the applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case it to be seen.
The prayer for quashing the non bailable warrant order is refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then their prayer for bail shall be considered in view of the settled law laid by the Seven Judges' decision of 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 Apex 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 or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 16.6.2010 Aks