Court No. - 40
Case :- APPLICATION U/S 482 No. - 21192 of 2019 Applicant :- Gaurav Tyagi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Syed Shahnawaz Shah 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 by the applicant for quashing the Charge-sheet No. 39-B of 2017 dated 5.2.2017 as well as cognizance order dated 11.4.2017 issuing non bailable warrants in Criminal Case No. 54/9 of 2017 (State Vs. Gaurav Tyagi) arising out of Case Crime No. 626 of 2015, under Sections 147, 452, 323, 504, 506, 427 IPC, P.S. Medical, District- Meerut.
From the record, it transpires that on account of the failure of the applicant to appear before the court below, non- bailable warrants has been issued against the applicant's guardian by the court below vide order dated 25.11.2017.
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 applicant's guardian to appear before the court below.
Considering the facts and circumstances of the case, it is provided that the applicant's guardian shall appear before the court concerned within three weeks 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 three weeks, the execution of non bailable warrants issued against the applicant's guardian 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's guardian in accordance with law.
With the aforesaid direction, this application is finally disposed of.
Order Date :- 7.6.2019 KU