Court No. - 40
Case :- APPLICATION U/S 482 No. - 22114 of 2019 Applicant :- Laxman Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Jeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the N.B.W. dated 1.5.2019 and proceeding under section 82 Cr.P.C. issued by the learned Additional Civil Judge ( Sr Division), Court No. II Mahura in case No. 2404/IX of 2016 (computer No. 394 of 2016) State Vs. Naresh Agrawal and others, under section 420, 467, 468, 471, 120-B, 506 I.P.C. Police Station Gobardhan, District Mathura.
From the record, it transpires that on account of the failure of the applicants to appear before the court below, non- bailable warrants have been issued against the applicant by the court below vide order dated 1.5.2019.
Learned counsel for the applicant 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 applicant shall appear before the court concerned within fifteen days from today and move an application for recall of the non bailable warrants, which shall be considered and disposed of expeditiously in accordance with law.
Till fifteen days from today, the execution of non bailable warrants 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 applicants in accordance with law.
With the aforesaid direction, this application is finally disposed of.
Order Date :- 3.6.2019 R