Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 33148 of 2022 Court No. - 82 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed praying for quashing of charge sheet dated 11.06.2021 as well as entire proceedings of Case No. 2576 of 2022 (State Vs. Vindhyachal and others), arising out of Case Crime No. 07 of 2018, under Sections 272, 273 I.P.C. and Section 60, 72 of Excise Act, Police Station Nagra, District- Ballia, pending in the court of learned Chief Judicial Magistrate, Ballia.
3. The 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.Learned counsel further submits that non bailable warrant has also been issued against the applicant.
4. Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case for quashing. Thus, the prayer 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.
5. However, 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 Versus Counsel for Applicant(s) : Afzal Ahmad, Ashwani Kumar Rai, Manoj Kumar Singh, Sarvesh Kumar Singh, Shivajee Srivastava Counsel for Opposite Party(s) : G.A. Abhishek Yadav .....Applicant(s) State Of U.P. And Another .....Opposite Party(s)
and surrenders before the court below within two weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.
6. For a period of two weeks from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
7. The present application stands disposed of. May 7, 2026 Mustaqeem. A482 No. 33148 of 2022 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad