Court No. - 40
Case :- APPLICATION U/S 482 No. - 21942 of 2019 Applicant :- Moolchandra And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kunwar Rajan,Randhir Singh 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 by the applicants for quashing the impugned charge-sheet dated 03.04.2018 in Sessions Trial No. 141 of 2018 (State Vs. Moolchandra and others), arising out of Case Crime No. 694 of 2017, under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Hasanpur, District J.P. Nagar.
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 applicants by the court below vide order dated 20.06.2018.
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 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 15 days from today and move an application for recall of non-bailable warrants, which shall be considered and disposed of expeditiously in accordance with law.
For a period of 15 days, the execution of non bailable warrants 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, this application is finally disposed of.
Order Date :- 4.6.2019 Nadim