Facts of the Case

This case has nothing to do with Goods and Services Tax — "GST No. 114 of 2010" in the cause title refers to a case type/registration label used by the trial court (commonly a Gangster Suppression Trial number), not a tax matter. Dharamveer Singh filed Application under Section 482 Cr.P.C. No. 16379 of 2023 before the Allahabad High Court, seeking to quash a Non-Bailable Warrant dated 12.01.2023 issued in that case, arising out of Case Crime No. 97 of 1993 under Sections 2/3 of the Gangsters Act, registered at Police Station Pisawa, District Aligarh.

Issues Involved

  1. Whether the Non-Bailable Warrant issued against the applicant was liable to be quashed for want of a disclosed offence and alleged malafide prosecution.

Petitioner's Arguments

  • The applicant argued that no offence against him was disclosed and that the prosecution was instituted with malafide intent to cause harassment, relying on certain documents and statements.

Respondent's Arguments

  • The State opposed the quashing petition; the order does not elaborate the State's specific submissions beyond opposing the relief sought.

Court Order / Findings

  • Justice Neeraj Tiwari held that the applicant's contentions involved factual disputes and appraisal of evidence, making it unsuitable for quashing under Section 482 Cr.P.C. at this stage.
  • The prayer for quashing the Non-Bailable Warrant was refused.
  • However, considering the nature of the alleged offence and the facts on record, the Court directed that if the applicant surrendered before the trial court within 45 days and applied for bail, his bail prayer would be considered and decided in accordance with law.
  • The Non-Bailable Warrant was directed to be kept in abeyance for 45 days from the date of the order.
  • The application was disposed of accordingly.

Important Clarification

Readers should not mistake the case number "GST No. 114 of 2010" for a Goods and Services Tax reference — it is a case classification label used in the trial court's records for this Gangsters Act prosecution, unrelated to tax law. No GST issue is decided or discussed anywhere in this order.

Sections Involved

  • Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 — Sections 2 and 3.
  • Code of Criminal Procedure, 1973 — Section 482 (inherent powers of the High Court).

Decision – In Favour of

Decided against the applicant on quashing, but with interim relief: the Non-Bailable Warrant was kept in abeyance for 45 days to allow surrender and a bail application — a criminal law order with no GST content.

Case Details

Court: High Court of Judicature at Allahabad
Case No.: Application U/S 482 No. 16379 of 2023
Neutral Citation: 2023:AHC:148405
Coram: Justice Neeraj Tiwari
Date: 25.07.2023
Parties: Dharamveer Singh vs. State of U.P.

Link to Download the Order

Click here to view/download the full order

Disclaimer

This content is shared strictly for general information and knowledge purposes only. Readers should independently verify the information from reliable sources. It is not intended to provide legal, professional, or advisory guidance. The author and the organisation disclaim all liability arising from the use of this content. The material has been prepared with the assistance of AI tools.