Court No. - 40
Case :- APPLICATION U/S 482 No. - 22384 of 2019 Applicant :- Rajesh Pathak Opposite Party :- State Of Up And Another Counsel for Applicant :- Rakesh Chandra 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 by the applicant for quashing the order issuing Non Bailable Warrant dated 11.4.2019 passed by Second Chief Judicial Magistrate, Mirzapur in Case No. 5690/08 arising out of Case Crime No.C- 2 of 2007, under Sections 323, 504, 506, 452, 427, IPC, Police Station Jigna, District Mirzapur.
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 11.4.2019.
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 applicant shall appear before the court concerned within 15 days from today and move an application for recall of the non bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.
For a period of 15 days from today, the execution of non bailable warrant 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, this application is finally disposed of.
Order Date :- 6.6.2019 T. Sinha