Court No. - 71
Case :- APPLICATION U/S 482 No. - 28802 of 2019 Applicant :- Sugriv Maurya @ Shivaji And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Diwan Saifullah Khan,Abhishek Ankur Chaurasia 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 the order dated 20.1.2019 by means of which N.B.W. has been issued in Special Sessions Trial no. 188/2018 (State Vs. Mountu and others), under Section 323, 324, 504, 3(1) (da) SC/ST Act P.S-Sakaldiha, District-Chandauli.
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 20.1.2019.
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 on or before 10.8.2019 and move an application for recall of the non bailable warrants, which shall be considered and disposed of expeditiously in accordance with law.
Till 10.8.2019, 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 :- 25.7.2019 Neetu