Court No. - 80
Case :- APPLICATION U/S 482 No. - 7715 of 2021 Applicant :- Ajay Kumar @ Khamosh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sandeep Tripathi 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 the orders dated 14.1.2021 passed by the Addl. Chief Judicial Magistrate, Saharanpur issuing non bailable warrant against the applicant in Complaint Case No. 5081 of 2018 (Himanshu Goyal Vs. Ajay Kumar and others), under Section 420 IPC, P.S. Nakur, District- Saharanpur.
From the record, it transpires that on account of the failure of the applicant to appear before the court below, non bailable warrant has been issued against the applicant by the court below vide order dated 14.1.2021.
Learned counsel for the applicant 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 applicant shall appear before the court concerned within 30 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 30 days, the execution of non bailable warrant 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 :- 28.7.2021 KU