Court No. - 40
Case :- APPLICATION U/S 482 No. - 22090 of 2019 Applicant :- Pramod And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Lal Prabhakar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the order issuing Non-bailable Warrant dated 06.04.2019 passed by Additional Civil Judge, (S.D.) Kasganj in Case No. 43 of 2019, arising out of Case Crime No.127 of 2018, under Section 420 IPC and Section 60/63/72 Excise Act, Police Station Sunnagarhi, District Kasganj.
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 06.04.2019.
Learned counsel for the applicants submits that 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 the 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 :- 3.6.2019/Atul