Kamal Verma and Another v. State of U.P.And Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 41858 of 2023 Applicant :- Kamal Verma And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Raghwendra Prasad Mishra,Avneesh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

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

¶2The present 482 Cr.P.C. application has been filed praying for quashing of non bailable warrant dated 06.10.2023 and also order dated 28.07.2023 passed by Additional Civil Judge (S.D.), Court No. 2/A.C.J.M. Bijnor in Case Crime No. 343/2019, under Section-420, 467, 468, 471, 120B IPC, Police Station-Kotwali Shahar, District-Bijnor.

¶3The 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.

¶4Having 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 non bailable warrant. 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.

¶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 moves an application for recalling of non bailable warrant dated 7.4.2023 before the Trial court within four weeks from today, his prayer for recalling the same shall be considered and decided in accordance with law.

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

¶7The present application stands disposed of. Order Date :- 9.11.2023/Arvind/Sartaj High Court of Judicature at Allahabad