Court No. - 71
Case :- APPLICATION U/S 482 No. - 28768 of 2019 Applicant :- Arun Kumar Rai And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the NBW dated 27.01.2017 in Case Crime No. 1029 of 2009 (State Vs. Ajay Kumar), under Sections 323, 504, 506 IPC and Section 3(1)X of SC/ST Act, Police Station Phoolpur, District Azamgarh.
From the record, it transpires that on account of 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 27.01.2017.
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 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 15 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 15 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 under Section 482 CrPC is finally disposed of.
Order Date :- 25.7.2019 Nadim