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2019 DIGILAW 2345 (ALL)

Preetam Nai v. State Of U. P.

2019-10-17

VIVEK KUMAR SINGH

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JUDGMENT : Vivek Kumar Singh, J. Heard Sri Sanjeev Kumar Trivedi, learned counsel for the applicants and Sri Sanjay Singh, learned AGA -I, for the State. 2. This application has been filed under section 482 Cr.PC with prayer to set aside the order dated 16.3.2019 passed by the Addl. District Judge, Kannauj issuing Non Bailable Warrant in S.S.T. No. 81 of 2012 (State v. Preetam and others) under section 3(1) of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Crime No. 607 of 2007, Police Station- Chibramau, District- Kannauj. 3. The 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 harassment. He pointed out certain documents and statements in support of his contention. 4. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the Bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under section 482 Cr.PC. At this stage only prime facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur v. State of Punjab, (1960) AIR SC 866, State of Haryana v. Bhajan Lal, (1992) SCC(Cri) 426, State of Bihar v. P.P.Sharma, (1992) SCC(Cri) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another, (2005) SCC(Cri) 283 (Para-10). 5. The prayer to set aside the proceedings of the non-bailable warrant order pending before the court concerned is refused. 6. Saraful Haq and another, (2005) SCC(Cri) 283 (Para-10). 5. The prayer to set aside the proceedings of the non-bailable warrant order pending before the court concerned is refused. 6. However, it is provided that if the applicants file an application for recalling of the non-bailable warrant issued against them within 30 days from today, the said application may be considered and disposed off as expeditiously as possible, in accordance with law or in case, the applicant appears and surrender before the court below within 30 days from today and applies for bail the court below shall consider and decide the bail prayer of the applicant in view of the settled law laid by this Court in the case of Smt. Amarawati and another v. State of U.P., 2004 57 AllLR 290 , as well as judgment passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, (2009) 3 ADJ 322 (SC). 7. For a period of 30 days from today or till disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. 8. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against them. 9. With the above directions, present application is disposed off.