Court No. - 40
Case :- APPLICATION U/S 482 No. - 22403 of 2019 Applicant :- Suraj Kumar Singh And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sameer Jain Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Sri Vinod Kumar Pandey, Advocate has filed vakalatnama on behalf of opposite party no. 2, which is taken on record.
Heard learned counsel for the applicants, Sri Vinod Kumar Pandey, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 29.5.2019 passed by the Judicial Magistrate-I, Varanasi issuing non bailable warrants against the applicants in Case No. 706 of 2016 (State Vs. Omkar Nath Singh), under Sections 419, 420, 452, 504, 506 IPC, P.S. Lanka, District- Varanasi.
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 29.5.2019.
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 within three weeks from today and move an application for recall of the bailable warrants, which shall be considered and disposed of expeditiously in accordance with law.
For a period of three weeks, 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 :- 6.6.2019 KU