Court No. - 40
Case :- APPLICATION U/S 482 No. - 22106 of 2019 Applicant :- Akhlaq Ahmad Opposite Party :- State Of U.P. And Anothera Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants 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 N.B.W. issued on 2.2.2017 in S.T. No. 143 of 2016, State Vs Aklakh and case crime No. 261 of 2012, under section 308, 324, 323, 504, 506, 338 I.P.C. Police Station Dudhara, District Sant Kabir Nagar pending in the court of Additional District Judge/FTC, District Sant Kabir Nagar.
From the record, it transpires that on account of the failure of the applicants to appear before the court below, non- bailable warrants have been issued against the applicants by the court below vide order dated 2.2.2017.
Learned counsel for the applicant submits that interest of justice shall be served provided some protection is granted by this Court to enable the applicants 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 fifteen days from today and move an application for recall of the non bailable warrants, which shall be considered and disposed of expeditiously in accordance with law.
Till fifteen days from today, 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 :- 3.6.2019 R