Court No. - 40
Case :- APPLICATION U/S 482 No. - 22255 of 2019 Applicant :- Raghubir Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Viveka Nand Rai 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 order issuing Non-bailable Warrant dated 1.3.2019 passed by the Judicial Magistrate-I, Agra in Criminal Case No. 301 of 2013 (State vs. Raghubir and others) arising out of Case Crime No. 102 of 2013, under Section 379, 504, 506, 120B IPC and 4/10 U.P. Forest Act, P.S. Khandauli, District- Agra.
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 1.3.2019.
Learned counsel for the applicants submits that interest of justice shall be served provided some protection is granted by this Court to enable the 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, the application is finally disposed of.
Order Date :- 4.6.2019 KU