Court No. - 40
Case :- APPLICATION U/S 482 No. - 22335 of 2019 Applicant :- Amar Nath Yadav And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Gautam 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 applicants for quashing the N.B.W. order dated 18.5.2019 passed by A.C.J.M-I, Jaunpur in Criminal case No. 528 of 2017, State Vs. Amar Nath arising out of case crime no. 646 of 2017, under sections 406, 419, 420, 467, 468, 471, 323, 504, 506 IPC, Police Station Jalalpur, District Jaunpur.
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 18.5.2019.
Learned counsel for the applicants 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 applicants 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.
For a period of fifteen 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 :- 4.6.2019 R