Court No. - 40
Case :- APPLICATION U/S 482 No. - 22223 of 2019 Applicant :- Naresh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar 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 order dated 06.11.2015 as well as order dated 03.05.2016 in Case No. 9235 of 2016 arising out from Case Crime No. 748 of 2015, under Sections 420, 467, 468, 471, 506 IPC, Police Station Sector-58, District Gautam Budh Nagar and to stay the NBW order dated 29.04.2019 passed by learned Chief Judicial Magistrate, Gautam Budh 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 29.04.2019.
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 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