Court No. - 40
Case :- APPLICATION U/S 482 No. - 22395 of 2019 Applicant :- Mukesh@Bhonda Opposite Party :- State Of Up And Another Counsel for Applicant :- Devi Dayal 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 order issuing Non Bailable Warrant dated 1.1.2018 passed in S.S.T. No.116 of 2015 (State Vs. Mukesh @ Bhonda) arising out of Case Crime No.4 of 2015, under Section 3/25 Arms Act, P.S. Dauki, District Agra, pending in the court of Additional District Judge, Court No.11, Agra.
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 1.1.2018.
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 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 from today, 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 :- 6.6.2019 T. Sinha