Court No. - 80
Case :- APPLICATION U/S 482 No. - 11458 of 2021 Applicant :- Akhilesh Shukla Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vinod Kumar Pandey 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 order dated 8.3.2021 passed by the Addl. Chief Judicial Magistrate-II, Allahabad issuing non bailable warrant against the applicant in Complaint Case No. 137 of 2018 (Jatashankar Vs. Akhilesh Shukla), under Sections 420, 406 IPC, P.S. Naini, District- Allahabad.
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 8.3.2021.
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 21 days 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 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 :- 16.8.2021 KU