Court No. - 75
Case :- APPLICATION U/S 482 No. - 42753 of 2019 Applicant :- Ashok Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the impugned summoning order dated 02.08.2014, impugned non-bailable warrant order dated 09.10.2019 as well as the entire proceedings of Complaint Case No.2716 of 2014 (State Vs. Ashok), under Sections 26/59 of Food Security and Standard Act, 2006, Police Station Hathras Gate, District Hathras, pending before the learned Chief Judicial Magistrate, Hathras.
From the record, it transpires that on account of 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 09.10.2019.
Learned counsel for the applicant has submitted that the 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 15 days from today and move an application for recall of 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 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, this application is finally disposed of.
Order Date :- 28.11.2019/Zafar