Court No. - 75
Case :- APPLICATION U/S 482 No. - 43008 of 2019 Applicant :- Abhimanyu Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Dutt Mishra,Jagat Narayan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing order issuing Non-bailable Warrant dated 27.8.2019 passed by the Special Judicial Magistrate, Banda in Complaint Case No. 61/IX/2019, Vivek Singh Vs. Abhimanyu Shukla, under Section 138 N.I. Act.
From the record, it transpires that on account of the failure of the applicant to appear before the court below, non- bailable warrants have been issued against the applicant by the court below vide order dated 27.8.2018.
Learned counsel for the applicants submits that interest of justice shall be served provided some protection is granted by this Court to enable the applicant to appear before the court below.
Considering the facts and circumstances of the case, it is provided that the applicants shall appear before the court concerned within fifteen days and move an application for recall of the non bailable warrants, which shall be considered and disposed of expeditiously in accordance with law.
For a period of fifteen days, the execution of non bailable warrants issued against the applicant shall remain stayed.
In case of default, the interim protection granted by this Court shall stand automatically vacated and the court below shall be free to proceed against the applicant in accordance with law.
With the aforesaid direction, the application is finally disposed of.
Order Date :- 26.11.2019 R