Court No. - 40
Case :- APPLICATION U/S 482 No. - 22423 of 2019 Applicant :- Ajeet Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Singh 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 by the applicant for quashing the order dated 27.05.2017 as well as Non-bailable warrant in S.S.T. No. 5 of 2017 (State Vs. Jarif @ Hazi and Others) under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Didauli, District Amroha.
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 27.05.2017.
Learned counsel for the applicants has submitted that the 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 21 days from today and move an application for recall of the non bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.
For a period of 21 days, the execution of non bailable warrants issued against the applicants 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 applicants in accordance with law.
With the aforesaid direction, this application is finally disposed of.
Order Date :- 7.6.2019 Nadim