Court No. - 20
Case :- APPLICATION U/S 482 No. - 14271 of 2018 Applicant :- Smt Anita Devi Opposite Party :- State Of Up And Anotehr Counsel for Applicant :- Brijesh Kumar Mishra 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 order issuing Non-bailable Warrant dated 28.10.2015 passed by the Additional Chief Judicial Magistrate, Firozabad in Complaint Case No. 2394 of 2014 (Mohd. Haroon Vs. Smt. Anita), under Section 138 N.I. Act P.S. Rasoolpur, District Firozabad.
From the record, it transpires that on account of the failure of the applicants to appear before the court below, non- bailable warrant has been issued against the applicant by the court below vide order dated 28.10.2015.
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 on or before 15.5.2018 and move an application for recall of the non bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.
Till 15.5.2018, the execution of non bailable warrants 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 :- 27.4.2018 R