Allahabad High Court
ABHISHEK YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The Court held that the application for quash cannot be entertained as the dispute is factual and requires evidence appraisal, and therefore refused to quash the charge sheet and proceedings.
Summary
The applicant filed a Section 482 CrPC application seeking to quash a charge sheet dated 11‑06‑2021 and the proceedings of case No. 2576 of 2022 (State vs Vindhyachal et al.) arising from a 2018 offence under IPC sections 272, 273 and Excise Act sections 60, 72. The applicant alleged that no offence was disclosed against him and that the prosecution was instituted with malafide intent to harass, also pointing to a non‑bailable warrant issued against him. The Court examined the materials and held that the matter involved factual disputes and required evidence appraisal, making it unsuitable for quash. Consequently, the application for quashing was refused. However, the Court directed that if the applicant surrenders within two weeks and applies for bail, his bail plea will be considered, and the non‑bailable warrant will be kept in abeyance for the same period. The application was thereafter disposed.
Issues considered
- Whether the charge sheet and the proceedings can be quashed under Section 482 of the Criminal Procedure Code
- Whether the prosecution is mala fide and intended to harass the applicant
- Whether the non‑bailable warrant issued against the applicant should be stayed
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Excise Act — s. 60, 72
- Indian Penal Code — s. 272, 273
Subjects
- Section 482
- quash of charge sheet
- non‑bailable warrant
- bail
- malafide prosecution
- criminal procedure
- IPC 272
- IPC 273
- Excise Act 60
- Excise Act 72
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 33148 of 2022
Abhishek Yadav
.....Applicant(s)
Versus
State Of U.P. And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Afzal Ahmad, Ashwani
Kumar Rai, Manoj Kumar
Singh, Sarvesh Kumar
Singh, Shivajee Srivastava
Counsel for Opposite Party(s) : G.A.
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
A482 No. 33148 of 2022
2
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.
(Dr. Gautam Chowdhary,J.)
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
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