Court No. - 80
Case :- APPLICATION U/S 482 No. - 11748 of 2021 Applicant :- Prem Prakash @ Nanhoo And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Shukla,Maiku Lal Maurya 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 for quashing the order dated 2.3.2019 passed by the Chief Metropolitan Magistrate, Kanpur Nagar issuing non bailable warrants against the applicants in Case No. 1801 of 2017 (State Vs. Prem Prakash @ Nanhoo and others) arising out of case crime no. 312 of 2015, under Sections 323, 504, 506 IPC, P.S. Nawabganj, District- Kanpur 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 applicant by the court below vide order dated 2.3.2019 Learned counsel for the applicants submits that interest of justice shall be served provided some protection is granted by this Court to enable the 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 15 days 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, the application is finally disposed of.
Order Date :- 12.8.2021 KU