Court No. - 80
Case :- APPLICATION U/S 482 No. - 5508 of 2021 Applicant :- Satish Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Jatan Yadav,Surendra Nath Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the summoning order dated 06.10.2018 as well as NBW dated 20.09.2019 issued by Special Chief Judicial Magistrate, Agra in Complaint Case No. 2476 of 2018 (Vimal Vs. Satish and another), under Section 420 IPC, Police Station Sadar, District Agra.
From perusal of the record, it transpires that on account of failure of the applicant to appear before the court below, non-bailable warrant has been issued against him vide order dated 20.09.2019.
Learned counsel for the applicant has submitted that the 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 non-bailable warrant, which shall be considered and disposed of as expeditiously as possible 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 under Section 482 CrPC is finally disposed of.
Order Date :- 13.8.2021 Nadim