Nitin and Another v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 40061 of 2023 Applicant :- Nitin And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dheeraj Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed praying for quashing of N.B.W. order dated 01.08.2022 passed by Court below in Criminal Case No. 140 of 2014 (State Vs. Nitin and others), arising out of Case Crime No. 302 of 2014, under Sections-2/3 of Gangster Act, Police Station-Kotwali Nagar, District-Bulandshahr, pending in the court of Special Judge, Gangster Act, Court No. 5, Bulandshahr.

¶3The contention of learned 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 purpose of causing harassment. He pointed out certain documents and statements in support of his contention.

¶4Having heard the learned counsel for the applicants 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 applicants involves factual disputes and appraisal of evidence.

¶5However, 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 four weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.

¶6For a period of four weeks from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.

¶7The present application stands disposed of. Order Date :- 7.11.2023/Sartaj High Court of Judicature at Allahabad