Court No. - 8
Case :- APPLICATION U/S 482 No. - 26576 of 2018 Applicant :- Ghanshyam Pandey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nagendra Nath 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 12.07.2018 passed by the Judicial Magistrate Pharenda, Maharajganj in Complaint Case No. 1433 of 2008 (Jitai Vs. Ghanshyam), under Sections 147, 419, 420, 467, 468, 471, 504, 506 IPC.
From the record, it transpires that on account of the 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 12.07.2018.
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 17.09.2018 and move an application for recall of the non bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.
Till 17.09.2018, 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, the application is finally disposed of.
Order Date :- 24.8.2018 Arun Gangwar