Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

Anurag Sharma v. State Of U.p. And Another

Anurag Sharma v. State Of U.p. And Another

(High Court Of Judicature At Allahabad)

APPLICATION U/S 482 No. - 16277 of 2022 | 03-08-2022

Gautam Chowdhary, 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 praying for quashing of the order dated 18.11.2021 passed by A.C.J.M.-I, Rampur in Criminal Case No. 2715 of 2017 State Vs. Prankur Rastogi arising out of case crime No. 219 of 2017, under sections 354-A IPC, P.S. Swar, District Rampur by which the N.B.W. issued against the applicant.

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. 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 two 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 two weeks from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.

7. The present application stands disposed of.

Advocate List
  • M.C. Singh,Dushyant Singh

  • G.A.

Bench
  • Hon'ble Justice Gautam Chowdhary
Eq Citations
  • LQ
  • LQ/AllHC/2022/13097
Head Note

A. Constitution of India — Art. 21 — Protection of life and personal liberty — Non-bailable warrant — A.C.J.M.-I, Rampur in Criminal Case No. 2715 of 2017 State Vs. Prankur Rastogi arising out of case crime No. 219 of 2017, under Ss. 354-A IPC, P.S. Swar, District Rampur by which the N.B.W. issued against the applicant — Prayer praying for quashing of same is 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 two weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law — For a period of two weeks from today, the non-bailable warrant issued against the applicant shall be kept in abeyance — Penal Code, 1860 — Ss. 354-A and 498-A — Criminal Procedure Code, 1973, S. 438