Court No. - 75
Case :- APPLICATION U/S 482 No. - 46618 of 2019 Applicant :- Pradeep Kumar Bajaj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Singh Pal 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 for quashing order issuing Non-bailable Warrant dated 23.10.2019 passed by the Special Judge, MP/MLA, Allahabad in Case No. 460 of 2015 (State of U.P. Vs. Pradeep Kumar Bajaj, arising out of case crime no. 146 of 2013, under section 406, 420, 120-B, 109 I.P.C. P.S.
Bhelupur, District Varnasi, 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 23.10.2019.
Learned counsel for the applicant submits that interest of justice shall be served provided some protection is granted by this Court to enable the applicant 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 three weeks and moves an application for recall of the non bailable warrants, which shall be considered and disposed of expeditiously in accordance with law.
For a period of three weeks, 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 applicant in accordance with law.
With the aforesaid direction, the application is finally disposed of.
Order Date :- 17.12.2019 R