Court No. - 40
Case :- APPLICATION U/S 482 No. - 22224 of 2019 Applicant :- Rahul And 02 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Shashi Kant Pandey 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 02.04.2019 as well as order dated 30.04.2019 passed by Chief Judicial Magistrate, Etah, in Criminal Case No. 2643 of 2016 (State Vs. Rahul and others), under Sections 498-A, 504, 506 IPC and 3/4 D.P. Act, arising out of Case Crime No. 1258 of 2014, Police Station Kotwali Nagar, District Etah.
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 30.04.2019.
Learned counsel for the applicants submits 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