Court No. - 40
Case :- APPLICATION U/S 482 No. - 22454 of 2019 Applicant :- Manish Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kuldeep Singh Chahar 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 impugned order dated 25.04.2019 passed by Additional Chief Judicial Magistrate, Court Room No.9, Agra in Case Crime No.362 of 2009 (State of U.P. Vs. Manish Kumar) under Sections 406, 420, 504 and 506 IPC, Police Station Khandauli, District Agra.
From the record, it transpires that on account of the failure of the applicant to appear before the court below, non-bailable warrants have been issued against the applicant by the court below vide order dated 25.04.2019.
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 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 the 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 :- 7.6.2019 Nadim