Vivek Kumar Kushwaha @ Prafull Kumar v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 43013 of 2023 Applicant :- Vivek Kumar Kushwaha @ Prafull Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kripa Shanker Mishra 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 30.09.2023 as well as process under Section 82 Cr.P.C. in S.T. No. 889 of 2008(State Vs. Ashwani Kumar and others), arising out of Case Crime No. 30 of 2008, under Section-302, 201, 404, 411 IPC, Police Station-Fazal Ganj, District-Kanpur Nagar.

¶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 30.09.2023 before the Trial court within 15 days from today, his prayer for recalling the same shall be considered and decided in accordance with law.

¶6For a period of 15 days from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.

¶7The present application stands disposed of. Order Date :- 23.11.2023 ADY High Court of Judicature at Allahabad