Court No. - 71
Case :- APPLICATION U/S 482 No. - 29053 of 2019 Applicant :- Sewalal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prem Chandra Patel Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to stay the effect and operation of the impugned non- bailable warrant dated 18.9.2018 passed by learned Additional Sessions Judge IInd, Jaunpur in S.T. No. 123/2008 (State Vs. Sewalal) arising out of Case Crime No. 448 of 1995, under Sections 353, 504 IPC and 3(1) (X) of SC/ST Act, P.S. Rampur, District-Jaunpur, pending in the court of learned Additional Sessions Judge IInd, Jaunpur.
From 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 the applicant by the court below vide order dated 18.09.2018.
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 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 under Section 482 CrPC is finally disposed of.
Order Date :- 26.7.2019 Neetu