Rihan v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 42120 of 2023 Applicant :- Rihan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harsh Gopal 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 charge sheet dated 15.02.2021, cognizance order dated

22.03.2021 and non bailable warrant dated 02.03.2021 passed by Additional Sessions Judge, Court No.6, Saharanpur as well as the entire proceedings of Special Case No.1075 of 2021 (State Vs. Rihan), arising out of Case Crime No.40 of 2021, under Sections 8/15 NDPS Act, Police Station-Kotwali Dehat, District-Saharanpur, pending in the court of Additional Sessions Judge, court No.6, Saharanpur.

¶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 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 applicant shall be kept in abeyance.

¶7The present application stands disposed of. Order Date :- 17.11.2023 Amit/- High Court of Judicature at Allahabad