Court No. - 80
Case :- APPLICATION U/S 482 No. - 19322 of 2021 Applicant :- Danish And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Zafar Abbas,S.G. Husnain Sr. Advocate 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 for quashing the order dated 3.9.2021 passed by the Addl. Sessions Judge, Court No. 7, Azamgarh issuing non bailable warrants against the applicants in S.T. No. 467 of 2018 (State Vs. Tahir and others) arising out of case crime no. 214 of 2017, under Sections 307, 323, 504 IPC, P.S. Saraimeer, District- Azamgarh.
From the record, it transpires that on account of the failure of the applicants to appear before the court below, non bailable warrants has been issued against the applicants by the court below vide order dated 3.9.2021.
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 10 days and move an application for recall of the non bailable warrants, the same be considered and disposed of expeditiously in accordance with law.
For a period of 10 days, the execution of non bailable warrant 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, the application is finally disposed of.
Order Date :- 25.10.2021 KU